logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.04 2015가합24
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 433,220,925 and the interest rate of KRW 20% per annum from July 1, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the objective of manufacturing prefabricated metal products and gold-type designs, and the Defendant is a corporation with the purpose of manufacturing machinery and manufacturing business.

B. On April 16, 2014, the Plaintiff and the Defendant concluded an agreement for business cooperation, and on May 21, 2014, concluded an investment and technology transfer agreement for the purpose of promoting specific joint projects based on the above agreement. The key contents thereof are “The Defendant transferred to the Plaintiff the core technology concerning the heating image camera system and high pressure container, transfer the relevant research facilities and 20% shares of the Defendant, and transfer the relevant research facilities and 20% shares of the Defendant, and the Plaintiff shall pay the Defendant a total of one billion won investment amount.”

C. The Plaintiff paid the Defendant totaling KRW 80 million on April 25, 2014, KRW 100 million, KRW 300 million on May 26, 2014, KRW 27,000,000 on May 27, 2014, and KRW 27,000,000 on June 27, 2014, in accordance with the agreement on the said investment and technology transfer.

However, the Defendant did not perform the obligation of technology transfer to be performed by the Defendant pursuant to the above investment and technology transfer agreement, and the Plaintiff demanded the return of the investment amount already paid by the Plaintiff on the grounds of the Defendant’s nonperformance of such obligation.

Accordingly, the Plaintiff and the Defendant agreed on October 2, 2014 with respect to the return of the investment amount paid by the Plaintiff (hereinafter “instant agreement”) as follows.

① The Defendant shall pay the Plaintiff an investment amount of KRW 80 million; among them, KRW 180,00,000 until October 10, 2014; KRW 130,000 until October 17, 2014; and the remainder KRW 490,000 on October 6, 2014 shall be paid to the Plaintiff; and the Defendant shall present the countermeasures.

② As to the above KRW 80 million, the interest rate of 5% per annum shall apply from the respective payment date to the repayment date.

However, the interest rate of 20% per annum shall apply from the point of time to the date of full payment, if some of the above investment amounts is not paid within the agreed time limit.

E. The defendant of this case.

arrow