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(영문) 서울중앙지방법원 2014.11.25 2012가합66612
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant B”) is a corporation established for the purpose of military supply business, etc. on November 13, 1985, and Defendant C is a representative director of Defendant B from November 13, 1985, who controlled the business of the above company and engaged in the business of managing profits.

B. Name of agreement between the plaintiff and the defendant C: Name A (the plaintiff and the defendant in the agreement in this case "A") : Contents of cooperative project C (the defendant C and the defendant in the agreement in this case "B") : Business of the Air Force combat Co., Ltd. in the Republic of Korea ("P1" in the agreement in this case) , business entities related to the Russian weapons systems and equipment supplied to the Republic of Korea (the project in this case, "P2" in the agreement in this case) .

1. A agree to provide B with the funds required for P1 and P2 for receipt of orders by either Party or through a third party, on terms and conditions established.

2. A and B shall allocate contingent remuneration in the success of P1 and P2, subject to the conditions set out in Article 5.

3.For the attraction of investments and the smooth implementation of the above project, Eul shall provide A with its name, and regardless of the name above the surface, Eul shall have all the authority to the actual project operator Gap.

Article 2. The total amount of investment funds to P1 and P2 is USD 10,000,000, and the monetary unit may be selected from USD 1,00,000, UN, and Korean won.

Article 5 contingent Remuneration

1. When P1 and P2 success, Gap and Eul shall have three equal portions, excluding expenses, out of the profits of each business, to allocate two equal amounts to Eul;

Provided, That investment funds shall be excluded from the calculation of the details of expenses, and shall be determined by mutual agreement between A and B.

3. Payment of contingent remuneration under paragraph 1 of this Article shall be allocated to B under the responsibility of “A” and “D” and payable to B.

4. In addition to the contingent remuneration above, 15% of the invested amount in custody shall be paid to Gap in a separate remuneration;

Article VIConditions for Repayment of Investment Funds

1. Upon the completion of the cooperative project, B shall be from the other party;

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