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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On December 3, 2013, the Defendant and C Co., Ltd. (hereinafter “C”) entered into a business contract for strategic alliance (hereinafter “instant business contract”) with the Defendant and C Co., Ltd. (hereinafter “C”), and the main contents are as follows.
Co., Ltd. (hereinafter referred to as "A") and C Co., Ltd. (hereinafter referred to as "B") with a factory in Daegu Metropolitan City, which have its head office in Busan Metropolitan City, have a strategic alliance for common interests, such as the manufacture, production, and business capacity of the peltombs co-owned by both companies, and enter into this contract with the following terms:
C. Article 1 (Purpose) A is an enterprise currently holding a patent ( intellectual property right) and is currently an enterprise in which a person located in an Asan City owns a factory and produces and sells O.E.M to unspecified domestic packaging 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 the 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 producing functional aggregates and general pelpel bars by utilizing the advantages of the two houses in the difficult peltom market and to increase the profits.
(3) In order to set the roles of basic Gap and Eul as above and to develop funds and production resources necessary for factory operation 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 shall procure all kinds of expenses and operating expenses necessary for factory operation as the contractor.