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(영문) 수원지방법원 안양지원 2018.05.10 2017가합747
대여금반환
Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual amount from August 30, 2016 to August 28, 2017.

Reasons

1. Article 2 of the basic facts (a summary of strategic alliance);

1. C is newly established by September 10, 2016 in Korea in cooperation with the Plaintiff and the Defendant for the production of D (hereinafter referred to as “D”) of the PIPA, and C transfers manufacture technology, etc. for the manufacture of the PIPA to D for the manufacture of the GPE.

5. The Plaintiff shall jointly participate in the operation of the Defendant and D, a Korean corporation in charge of the commercialization of C, for the smooth promotion of the project and the success of strategic alliance, and shall enter into a joint management agreement within 60 days from the date of establishment on the basis of the faith.

On August 23, 2016, the Plaintiff, the Defendant, and the Japan Company C (hereinafter referred to as the “C”) entered into a strategic partnership agreement for the manufacture and commercialization of the Pyrrole-Impisole-Petide (hereinafter referred to as the “PIPA”), which is a gene control substance, and the parts relating to the instant case are as follows.

Article 2 (Abstract of Strategic Alliances)

1. The Plaintiff and the Defendant newly establish and operate PIPA’s GMP manufacturing corporation into Korea by September 10, 2016. The Plaintiff and the Defendant shall use PIPA provided by D to conduct the development and clinical trial of new drugs for new and pre-existing cancer, and take charge of C technology transfer and all duties related to the production of new drugs so that the Plaintiff may successful development of new drugs.

3. The plaintiff will provide the defendant with an amount of KRW 50 million within the limit of KRW 500 million, and will lend KRW 300 million within one year in consideration of the defendant's circumstances.

The defendant shall invest KRW 100 million out of the borrowed money as D's capital, and the remainder shall be used as driving capital.

After completing the corporate value assessment through the accounting firm designated by the Plaintiff from the date of the early closing of the settlement of accounts in 2016 until March 2017, the Defendant has completed consultation on all the investment conditions, such as the investment multiple and investment method, based on the relevant assessment statement by the end of April 2017.

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