(영문) 서울중앙지방법원 2017.03.28 2015가단199868

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(영문) 서울중앙지방법원 2017.03.28 2015가단199868

손해배상(기)

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1. The Defendant’s KRW 78,107,726 for the Plaintiff and KRW 6% per annum from August 4, 2015 to March 28, 2017.

Reasons

1. Facts of recognition;

A. On July 27, 2015, the Plaintiff entered into the instant business contract with the Defendant with the aim of importing and selling agricultural and fishery products, etc. in Korea, as follows:

Section 1 (Purpose) The purpose of this Agreement is to provide for investment, allocation of earnings, and cooperation between Gap (the plaintiff; hereinafter the same shall apply) and Eul (the defendant; hereinafter the same shall apply) in connection with trade transactions, such as the shoulder with China.

Article 2(Investment) A shall invest KRW 200 million in a joint business related to trading business, such as a shoulder with China (hereinafter referred to as “B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Article 3 (Business Apportionment) The business of Gap shall invest in the funds of the joint business, and shall conduct the business in the name of Gap, and the business of Eul shall provide Gap with all services, including advice necessary for the said trade.

Article 4 (Distribution of Profits) The net profits (before tax) calculated by deducting expenses incurred in relation to the above trading transactions shall be distributed to Gap and Eul at the same time (50%:50%) at each time of transaction.

Article 5 (General Matters)

1. In the performance of this Agreement, Gap and Eul shall cooperate with each other in good faith on the basis of the good faith principle.

2. A confidentiality and B shall not disclose the terms of this Agreement to any third party who has no direct transactional relationship with this transaction.

3. The Seoul Central District Court shall have jurisdiction over a dispute over the principal contract.

Article 6 (Term of Validity) The term of validity of this Agreement shall be one year from the date of the contract, and shall be automatically extended one year if there is no intention to terminate the contract in advance.

Article 7 (Modification of Terms and Conditions of Contracts) Failure to specify in this Agreement.

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