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(영문) 서울중앙지방법원 2017.01.12 2016가합534533
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) B are dismissed.

2. The costs of lawsuit;

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The status of the party is 1) Plaintiff (Counterclaim Defendant, June 19, 2015, hereinafter “Plaintiff Company”) (hereinafter “Plaintiff Company”)

On October 14, 2013, “Plastic products export and import business, wholesale and retail business, trade brokerage business, etc.” is a corporation established to carry on the Plaintiff Company, and Party E, which actually manages the Plaintiff Company, is referred to as “the instant product” in total of the aforementioned products, including CaCO3 MC517, CaCO3 MC518, Whiteter Bitch, White agents, etc. (hereinafter referred to as “instant product”).

(2) The Defendant (Counterclaim Plaintiff) B (hereinafter “Defendant B”) is the representative accountant of the G Accounting Corporation, and H (H, Vietnam’s name I; hereinafter “H”) is the largest shareholder, who is the local subsidiary of Vietnam (hereinafter “H”), and Defendant C is the employee of G Accounting Corporation, Defendant B, the Plaintiff Company, and H’s financial management.

B. From the end of February 2015 to the beginning of March 2015, F entered into a business agreement with H and H with the content that “F shall install all machinery and equipment and devices necessary for the production of the instant product at H’s factory, provide technical assistance and quality control to H, and ② upon receiving an order from the ordering agency, F shall purchase raw materials necessary for the production of the instant product, supply the instant product to H, and request H to manufacture the instant product, and H shall lend the U.S. purchase price for raw materials to F (hereinafter the same shall apply). ③ H shall produce the instant product and supply it to F, and ③ H shall enter into the business agreement with F to receive the product production cost ($ 28 per ton) and profit distribution ($ 14.28 to 58.48 per ton of each product)” (Article 11 of the Business Agreement; hereinafter the same shall apply).

According to the instant Work Convention, F’s ownership of raw materials and the instant product produced by H is in F.

F. The F.I.D.

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