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(영문) 서울중앙지방법원 2017.01.20 2015가단5361026
정산금 청구
Text

1. Defendant B Co., Ltd.: (a) 14,441,833 won and its relation to the Plaintiff, from April 12, 2015 to November 23, 2015.

Reasons

1. Basic facts

A. The pertinent Plaintiff is a company established for the purpose of information and communications business, etc., and Defendant B (hereinafter “Defendant Company”) is a company established for the purpose of electronic commerce and software development business, etc., and Defendant C is an internal director, the representative of the Defendant Company.

B. On September 9, 2014, the Plaintiff entered into a business transfer agreement between the Plaintiff and the Defendant Company with the Defendant Company: “PMAP project” (hereinafter “PMAP project”). On September 30, 2014, the Defendant Company entered into a business partnership agreement with the Defendant Company to provide related services from the Defendant Company, providing the Defendant Company with the “PMAP project” (hereinafter “instant project”), which was provided by the Defendant Company to a third party for collection, search, and analysis of relevant information, including underground facilities, by means of a satellite, by means of a computer:

(2) The Plaintiff and the Defendant Company drafted a “MAP ASP agreement” for the transfer of the instant business, and the Defendant Company decided to terminate the instant business as of September 30, 2014, and the Plaintiff concluded a new contract under the same conditions as that concluded between the Defendant Company and the third party who agreed to provide the Plaintiff’s service after October 1, 2014, and provided the same service as that provided by the Defendant Company.

3) At the time, the Defendant Company paid to the Plaintiff the service payment that was settled by a third party who previously been provided with the service (hereinafter “instant agreement”) by November 30, 2014 (hereinafter “instant agreement”).

C. The Plaintiff and D’s settlement agreement between the Plaintiff and D are based on the “MAP transfer agreement” concluded on September 30, 2014 by the Parties.

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