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(영문) 수원지방법원안산지원 2016.06.08 2015가단102965
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 1, 2011, the Plaintiff entered into a contract with the Defendant, who operates a personal business entity called “B” and entered into a contract with the Defendant, covering KRW 179,00,000 of the purchase price as to the claim, debt, machinery and equipment, goodwill, etc. of the said company.

On the basis of this, when the Plaintiff was selected by subscribing to the social enterprise consortium publicly announced by C, on May 26, 201, the Plaintiff established the Korea Business Association (hereinafter referred to as the “Plaintiff Business Association”) and appointed the Defendant as the representative of the Business Association on May 30, 201.

After that, the Plaintiff’s team operated the business by receiving from C a factory lease deposit, monthly rent, machinery and equipment, and vehicle rent, etc., and the Plaintiff demanded the closure of the business due to the concurrent operation between B and B, but the Defendant did not comply with the payment of the purchase price.

On May 22, 2012, C agreed that the Plaintiff would request the improvement of management status, and the Plaintiff and the Defendant would open a business conference on June 21, 2012 to discontinue B and establish a new corporation.

C On August 29, 2012, the Plaintiff revoked the selection of a social enterprise consortium with the Plaintiff on the grounds of the consolidation with B of the Plaintiff project team and the failure to implement corporateization, and later, the Plaintiff filed a lawsuit seeking the return of the subsidy against the Defendant.

[Ground of recognition] In the absence of dispute, Gap 1, 4, 6 through 8, 10 through 22 (including various numbers; hereinafter the same shall apply), and the inquiry result about Eul, the purport of the entire pleadings, and the plaintiff asserted that in lieu of the payment of the purchase price under the comprehensive transfer and takeover contract concluded with the defendant, the plaintiff asserted that in lieu of the payment of the purchase price under the comprehensive transfer and takeover contract concluded with the defendant, 51% of the shares and profits accrued from the incorporation of the plaintiff project team was agreed upon by the plaintiff project team to have 49% of the shares and profits accrued from the incorporation of the plaintiff project team and the defendant, and sought payment of KRW 78,074,788 equivalent to 51% of the profits accrued by the defendant from June 2011 to July 2012.

According to the above evidence, the plaintiff and the defendant on June 21, 2012.

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