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(영문) 대구지방법원 2015.09.24 2014가단50637
물품대금
Text

1. The Defendant’s KRW 21,755,497 as well as the Plaintiff’s annual rate from December 2, 2014 to September 24, 2015.

Reasons

1. Basic facts

A. On December 3, 2013, Defendant and C Co., Ltd (hereinafter “Nonindicted Company”) entered into a business contract for strategic alliance (hereinafter “instant business contract”) with the two companies, and the main contents thereof are as follows.

Co., Ltd. (Defendant, A) and C(B)(B) with a factory in Daegu Metropolitan City, which have its head office in Busan Metropolitan City, enter into strategic alliances for common interests, such as the manufacture, production, and business capacity of the pelpel boxes jointly owned by both companies, and enter into this contract with the following terms:

C. Article 1 (Purpose) A is an enterprise which currently holds a patent ( intellectual property) and is currently an enterprise that holds a self-factory located in Asan City and produces and sells O.E.M to unspecified domestic packing enterprises, and has secured many sales places.

B is an enterprise that has the production facilities and technical experts (three technical experts) that are important parts of production facilities and the aggregate-to-date production business (Packing factory) (three technical experts).

The purpose of Gap and Eul is to realize the common interest through this contract and to revitalize the business of the sale of functional aggregates and general aggregate stegymp site production and to increase profits by utilizing the advantages of the double-stegymp market.

Article 2 (Terms of Contracts) (3) In order to set the roles of basic A and B as above and to develop funds and production resources necessary for factory operations into common interests, joint countermeasures shall be taken to expand loans (funds) through increase in future sales.

For the realization of this article, all sales of Gap and Eul shall be determined by sales of Gap, and Eul shall maximize the appearance of Eul by means of purchasing from Gap to Eul, causing the sales of Eul, etc.

(1) Article 3 (Distribution of Income) (1) A, as a contractor, shall raise all the expenses and operating expenses necessary for the operation of the factory.

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