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(영문) 창원지방법원마산지원 2013.12.20 2012가합1924
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant Company is a company established for the purpose of operating a CATV broadcasting business and a CATV relay broadcasting business on January 18, 2008, by integrating its broadcasting networks into the Defendant Company as it is, and joining the existing cable broadcasting business operators as shareholders and directors, after obtaining permission for a CATV broadcasting business in a business area in the Gyeongnam area, such as Msan, Tong Young, and Gosung.

B. From the time of the establishment of the Defendant Company to April 13, 2010, Defendant C was the representative director of the Defendant Company. Defendant D and E were the existing intermediary cable broadcasting businessman who invested all assets in kind in the Defendant Company. From the time of the establishment of the Defendant Company, Defendant D owned the shares of the Defendant Company of 72,002 shares (59,46 shares in kind, 12,565 shares in cash), and the shareholders and directors (4,910 shares in kind, and 15,098 shares in cash) of the Defendant Company of 60,008 shares (15,098 shares in kind).

C. The Defendant Company, as an existing intermediary cable broadcasting business entity such as Defendant D and E, had the shareholders and directors take charge of attracting and repairing the subscribers in the name of the head of the center, and paid some of the subscription fees received from the former subscribers and the newly recruited subscribers as the cost of management and maintenance and repair of the broadcasting network.

The Defendant Company concluded a contract with the Plaintiff to attract new subscribers and to take charge of the maintenance and repair of the new subscribers using the transmission network with the Plaintiff and the aforementioned transmission network, in addition to the broadcasting network of the existing cable broadcast service providers in the Msan area.

However, the Korea Broadcasting Corporation and other broadcast reception facilities for cable broadcasting subscribers.

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