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(영문) 광주지방법원 2016.06.03 2015가합55757
기술보증금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 240,000,000 won and 6% per annum from February 1, 2015 to June 3, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of manufacturing and selling optical components for telecommunications, and Defendant A (hereinafter “Defendant A”) is a company established for the purpose of developing, manufacturing, and wholesale visual devices, and Defendant B (hereinafter “Defendant B”) is a company established for the purpose of business management and financial advisory services.

B. On August 11, 2014, for the development, manufacture, and sale of black boxes, the Plaintiff entered the technical deposit amount of KRW 240,00,00 with Defendant A (hereinafter “instant technical deposit”) as stated below, and paid to Defendant A KRW 240,00,000.

7.1This Understanding of Understanding shall become effective from the date of signing (hereinafter referred to as "effective date") and shall become effective until the contract is terminated upon the occurrence of the following causes:

(ⅰ) If the parties fail to enter into this Agreement within one month from the date of entry into force, (ii) if there is a mutual agreement between the Parties, (iii) if there is a breach of the obligations set out in this Understanding, and in particular, if there is a breach of the obligations relating to confidentiality, the parties are not liable to the other parties with respect to the obligations set out in this Understanding, but are exceptions to the duty of confidentiality.

8.2The technical development-related deposits agreed upon between the Plaintiff and the Defendant A shall be paid 30% of the amount already invested as the deposit, and settlement and particulars shall be determined in this contract.

9.4Any dispute, debate, claim, and breach of the contents of the MOU relating to or caused by the MOU shall be the Seoul Central District Court exclusively agreed upon in accordance with the laws of the Republic of Korea.

C. The Plaintiff and Defendant A shall enter into this contract within one month from the date of conclusion of the instant memorandum of Understanding.

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