logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.07.26 2017나3745
투자개발금반환채권금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. The plaintiff is the actual operator of C as the business owner of C who manufactures the defendant charging machines, etc., who is referred to D.

A person who actually engaged in various legal acts with the Plaintiff appears to be D. However, in light of the fact that the Defendant, as the representative of C after the instant lawsuit, supplied 304 copies of the set temperature adjustment period to the Plaintiff, was awarded a favorable judgment by filing a lawsuit to demand payment of the remainder of the payment that was not paid (Sacheon District Court Branch Decision 2017Gau3280), and that the Plaintiff and the person who actually engaged in various legal acts with the Plaintiff during the trial had argued under the premise that they are themselves, D should understand various legal acts with the Plaintiff as acts representing the Defendant and adjust them to all of the Defendant’s acts.

In December 1, 2015, the 25,000,000 won was remitted as development expenses, which is used in the hot heat sets at the end of the end of the year 2015.

B. On January 19, 2016, the Plaintiff entered into an investment and development contract (hereinafter “instant contract”) with the Defendant with respect to the development of the set temperature control period (hereinafter “instant contract”). The main contents of the contract are as follows.

Article 2 [Performance of Investment] The Plaintiff shall invest a total of KRW 50,000,000 in accordance with the formation of this Agreement.

Article 3 [Methods of Payment of Investment Money] (1) On December 1, 2015, the Plaintiff shall pay to the Defendant KRW 25,000,000,000 from the above investment money.

② The Plaintiff shall pay KRW 25,000,000,000, which is 50% of the remainder of investment, to the Defendant upon completion of the penalty.

Article 5 [Duties of Investment] (2) The defendant shall disclose all the unit price and gold cost of all parts to the public.

Article 6 [Methods of Redemption of Investment Funds] (1) The Plaintiff shall deduct 20% of the total amount of the goods at the time of purchase of the said goods from the investment repayment.

② The Defendant shall pay 20% of the sales proceeds to the Plaintiff in addition to the Plaintiff until the repayment of the said investment proceeds is completed.

Article 7 [Determination of Supply Price of Goods] (1)

arrow