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1. The defendant shall be the plaintiff.
(a) KRW 1,00,000,000 per annum from August 1, 2015 to February 25, 2016; and
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures clothing in an overseas plant and exports to the United States. The Defendant is a trade company that owns a factory in Myanmar.
B. 1) The Plaintiff and the Defendant concluded a joint management agreement on June 8, 2012, the Myanmar factories owned by the Defendant (Ys1, Ys2, global product, and hereinafter “each of the instant factories”).
(i) the co-management agreement (hereinafter referred to as “the co-management agreement of this case”)
AB concluded the agreement.
The main contents of the instant joint management agreement are as follows.
Joint Management Agreements
1. Purport (1) The Defendant shall operate all facilities, such as Ys1, Ys2, buildings in global physical production factories, machinery and equipment, in collaboration with the Plaintiff during that period, through this Agreement;
2. Exercise of the power of representation (1) The defendant shall exercise the power of representation as a party to this Joint Management Convention on matters other than that of the joint management rights in Myanmar, and if it is necessary to change the power of representation, it shall be determined by mutual agreement.
3. Accounting and revenue (1) The Plaintiff uses, manages, and takes profits from all revenues generated from the operation of the above three factories under the Plaintiff’s responsibility.
Provided, That no later than the date of entry into force of this Convention (as of July 31, 2012), revenue shall be received by the Defendant for sales generated from the Defendant’s production, and revenue for sales produced after the date of entry into force of this Convention (as of August 1, 2012) shall be received by the Plaintiff, and revenue for sales produced after the termination of the period of this Convention shall be received by the Defendant.
② During the term of the contract, the Plaintiff shall pay all the operating expenses, including personnel expenses, rents, minimum guarantee fees for global water production factories, and various taxes and public charges, which have been paid for the operation and management of the said three factories during the term of the contract. The Plaintiff shall also be liable for losses in consideration of the Plaintiff’s expertise as the specialized company.