(영문) 서울중앙지방법원 2016.05.12 2015가합560252

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(영문) 서울중앙지방법원 2016.05.12 2015가합560252

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a shareholder who holds 20,000 shares of the Plaintiff Company, and as a shareholder, the “D Production and Installation Corporation,” which the Plaintiff Company received from the Development Group, is related to the Defendant (hereinafter “D”).

Article 1 (Purpose) Plaintiff (hereinafter referred to as “A”) and the Defendant and the representative director of the Dispute Resolution Co., Ltd. (hereinafter referred to as “B”) enter into this Agreement to ensure the successful performance of the project by jointly endeavoring on the basis of good faith and sincerity in the manufacture and installation of a tentative-C exhibition product (hereinafter referred to as “the current status of contract for the production and installation of exhibition products”) (hereinafter referred to as “business”), and by mutually providing knowledge and technology held by each company, and promoting the smooth performance of the project. Article 2 (Adjustment of Expenses and Performance of Business, etc.) (1) of the Project entered into a contract with the KIN as the representative director, and Eul shall exercise overall control over the implementation plan supplementation, design modification, and installation of exhibition products. (2) The Gap shall subcontract the following amount after subtracting 11% from the down payment, insurance premium (an employment contract), various securities contracts (hereinafter referred to as “the present status of contract for the production and installation of exhibition products”) and the following amount shall be borne by the Defendant at 0% of the cost of each of the project:

A shall be transferred free of charge to a person designated by A.

5. A contract for the above business shall be subcontracted to D with a designated company agreement between A and B at the request of B.

(6) The estimated amount of the initial construction contract for the project shall be KRW 30 million in daily, which shall be the standard amount for design changes.

(7) The present Convention shall remain in Gyeongnam.

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