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(영문) 서울중앙지방법원 2016.12.08 2015가단183979
계약금반환
Text

1. The Defendant’s KRW 50,000,00 and the Plaintiff’s annual rate of KRW 6% from July 24, 2014 to June 3, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on the business of distributing electrical and electronic parts, and the Defendant is a company that carries on research and development in the field of information and communications technology industry and manufactures and sells.

B. On July 22, 2014, the Plaintiff entered into a health care business cooperation agreement with the Defendant (hereinafter “instant business cooperation agreement”) with the introduction of B, as follows.

Article 2 (Deposit) The plaintiff under this contract shall pay the defendant a daily amount of KRW 10 billion.

The amount under Article 3 (Methods of Payment) shall be deposited in the defendant's account by the following methods:

1. The first down payment: Won 50,000,000) - the down payment under this contract on July 22, 2014, the Plaintiff deposits into one bank of the Defendant’s legal entity (C). 2. The second intermediate payment: Won 200,000 (Won 200,000) - August 15, 2014 1) the Defendant entered into a local factory visit and mutual MOU for the establishment of a cooperative relationship with the GON KON KON Co., Ltd. and the current business with the North China LPD, and the Plaintiff deposits the part payment under this contract into one bank of the Defendant’s legal entity (C).

3. The third balance: The remainder of this Agreement shall be deposited into the Defendant’s corporate territory bank (C) as the Plaintiff’s remainder on September 15, 2014, the date and time of the second intermediate payment and the third remainder payment may be changed according to the Defendant’s current business progress schedule, and the Plaintiff and the Defendant shall fully share and consult with the progress schedule. Article 4 (Business Cooperation Plaintiff and the Defendant shall proceed with the mutual cooperation on the business of the Defendant’s ongoing business, and the matters on the specific cooperation scheme shall be separately agreed upon.

1. When the Defendant receives an order from the KON, the amount of the order price plus the amount of difference depending on the circumstances shall be the Plaintiff.

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