(영문) 창원지방법원 2016.05.17 2014가단25262

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(영문) 창원지방법원 2016.05.17 2014가단25262

손해배상(기)

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1. The Defendant’s KRW 5 million to the Plaintiff and the Plaintiff’s 5% per annum from November 25, 2014 to May 17, 2016.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2; (c) evidence Nos. 1 to 8, and 14; and (c) the witness C’s testimony.

1) On October 20, 201, the Plaintiff entered into the instant investment contract (hereinafter “Criju Korea”) with Korea Co., Ltd. on October 20, 201.

(2) On November 25, 2011, the Plaintiff agreed to issue a letter of credit by no later than five days prior to the date of shipment when concluding a contract to import the 300-500 tons of clive cables (the clive cables from which the clives have been removed) and clive cables (the clive cables from which the clives have been removed) with the clive cables were removed. Accordingly, on November 25, 201, the Plaintiff agreed to issue a letter of credit in the name of the new corporation after the Plaintiff and the Defendant jointly established a new corporation under the name of the new corporation for the purpose of issuing the letter of credit necessary for the import of the said goods.

B. According to the terms and conditions of the instant investment contract, the Plaintiff shall administer the overall business pursuant to the terms and conditions of the import agreement, and the Defendant shall issue the letter of credit necessary for the import of the said goods and receive 40% of the remainder of the net income which remains after deducting the expenses from the amount imported from the Plaintiff.

o The plaintiff and the defendant shall reasonably compensate for any damage incurred by the other party due to the destruction of either party's promise.

o The Plaintiff deposits KRW 5 million to the Defendant by November 30, 201 in relation to the establishment of a corporation.

However, if the defendant is unable to issue a credit under the name of a new corporation, the investment contract of this case becomes null and void, and the defendant shall refund the above deposit to the plaintiff.

Where the Defendant issued a credit but the Plaintiff fails to import the amount, the deposit money shall belong to the Defendant, and the instant investment contract shall be terminated by written notification.

C. On November 28, 201, the 1rd and the Defendant’s circumstances following the instant investment contract.

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