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(영문) 제주지방법원 2014.10.30 2013가합1927
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on April 16, 2002 for the purpose of raising funds required for the development of Jeju Free International City, and the Defendant (U.S. name B) is the representative director of C, a U.S. company (hereinafter “C”).

B. On January 29, 2003, the Plaintiff entered into an MOU with C with the content that: (a) the Plaintiff granted C the exclusive right to a business that constructs globalme parks and complex facilities using the brand and intellectual property rights of the film company (hereinafter “instant business”); and (b) C signed a MOU with the content that C plans the instant business and attracts investments.

C. The Plaintiff paid USD 713,000 in total to the Pakistan, etc., such as Licse Lyalty Lyalty Lyalty Lyalty Lyalty Lyalty, Concep Master Plan establishment cost, project feasibility study cost, etc.

The Defendant requested the Plaintiff to change the brand of the film company to D for the instant business. On March 19, 2009, the Plaintiff followed the agreement with C on March 19, 2009 (hereinafter “instant agreement,” and the contents of the instant agreement are referred to as “instant agreement”). The main contents are as follows.

On March 19, 2009, the Agreement for the Promotion of D theme park was concluded between the following parties:

1. Jeju Free International City Development Center (hereinafter referred to as the "JDC") which is a government-funded institution under the Ministry of Land, Transport and Maritime Affairs of the Republic of Korea

2. C (hereinafter referred to as "C"), which is a corporation of the United States of America, E, Europe, CA91505, whose head office is located in the United States of America, E, Canada, or CA91505

3. The facts of the background of MSK (hereinafter referred to as the "MSK") with its head office on the 111st floor of Seocho-gu Seoul Seocho-dong 1467-80 ScK;

B. According to the basic contract, C was required to perform the duty stipulated in the basic contract according to a certain schedule, but C failed to comply with it. Accordingly, the parties concerned are the basic contract on October 31, 2008.

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