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(영문) 서울남부지방법원 2016.11.23 2015가단223613
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 44,895,90 to the Defendant (Counterclaim Plaintiff) for KRW 44,895,90 and its related amount from September 15, 2015 to November 23, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person who runs a travel business under the trade name of “C,” and the Defendant is a company that produces a small-scale counter-locked boat for tourism (D; hereinafter “instant counter-locked boat”).

B. On April 30, 2014, the Plaintiff and the Defendant drafted a written agreement on the operation of the arms and horses using the instant counter-locked (hereinafter “instant agreement”) as follows.

This Agreement is a contract between the Defendant (A) and the Plaintiff (B) under which two anti-locked boats in this case owned by the Defendant located in the Republic of Korea are provided, and C is responsible for marketing and operation, and is operated in the Republic of Korea.

[Article 1] The definition of Products

4. Product price: USD 113,00 ($ 55,000 x two export packing expenses) / [Article 3] The allocation of operating profits shall be divided equally by 50%, excluding operating expenses.

Provided, That even if the business profit is deficited, 50% shall be borne equally.

After the vehicle, the plaintiff shall pay 20% of the net income for one year from the following month to the defendant at the time when the total amount of the profit offered by the plaintiff to the defendant becomes the same as the amount of the product for two sets provided to the plaintiff.

[Article 4] The defendant who transfers the ownership of Boart shall transfer to the plaintiff the ownership of 20% of the net profit by the plaintiff without compensation after the expiration of 12 months and then transfer the ownership of 2 Boart to the plaintiff. This contract shall be automatically reversed at the time of completion of the transfer of ownership.

[Article 5] Obligations

1. The Defendant’s obligation provided the best education to the Plaintiff to maintain, repair, and operate the Plaintiff’s own in selling, and to ensure that the Plaintiff is engaged in the normal business by making the repair to the maximum extent necessary during the contract period.

However, if the defendant's human resources are sold in order to maintain and repair boats after the ownership of Boart was transferred to the plaintiff, the plaintiff is fully responsible for the expenses of the business trip.

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