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(영문) 서울중앙지방법원 2017.11.02 2017가합505648
약정금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 218,505,497 and its amount from March 9, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of attracting foreign patients, etc., and Defendant B (hereinafter “Defendant B”) is a corporation with the objective of management consulting business, etc., and Defendant C is an internal director of Defendant B.

B. On July 20, 2016, the instant joint project contract was concluded in the name of G Co., Ltd., a trade name prior to the Plaintiff’s amendment. On July 20, 2016, Defendant B entered into a joint project agreement with D Group customers in China (hereinafter “instant joint project agreement”). The main contents of the instant joint project agreement are as follows.

Article 2 [Scope of Business and Composition of Joint Corporations]

1. Defendant B is a party to a contract that is conducted with China for attracting customers of D Group in China.

2. The Plaintiff plans a program in Korea to recover and maintain the internal and external health and beautifulness of the customers of D groups in China, and is a contracting entity with the relevant company or related person, as a DNA group for the Chinese Synish household.

3. Defendant B and the Plaintiff jointly receive, carry out, and create profits for the customers of the D Group in China.

Article 3 (Roles, Rights and Duties of Parties)

1. The roles of Defendant B are as follows:

1. For the joint projects under this Agreement, Defendant B shall endeavor to publicize the anti-gratization project in China and secure at least 200 customers of anti-gratization operations.

② Defendant B pays 50% of the invited expenses (total expenses, such as surgery, steves, product provision, board and lodging, aviation, tourism, etc.) to the Plaintiff upon the occurrence of at least one customer of medical tourism until September, along with the conclusion of this contract.

2. The plaintiff's role is as follows.

① The Plaintiff is a medical institution secured by the Plaintiff with respect to the customers of anti-gratization operations secured by Defendant B.

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