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(영문) 수원지방법원평택지원 2020.06.18 2019가합519
각서금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that is engaged in the business of authorization and permission, advisory business, etc. related to the international logistics arrangement development project, and Defendant C (hereinafter “Defendant C”) is a company established for the purpose of bonded warehouse business, warehouse storage business, etc.

B. On September 11, 2018, the Plaintiff entered into a service contract with Defendant C with the following content (hereinafter “instant contract”). On the same day, Defendant C prepared and issued to the Plaintiff a written statement of non-performance of service costs that the Plaintiff would pay KRW 300 million as service cost on the date of payment stipulated in the instant contract.

The purpose of this is to conclude a service contract with Defendant C and the service company for the transferor of a contract for transfer or takeover of a corporation is to conclude the service contract as follows and to acquire it by transfer or to a third party:

Article 1(1)(Scope of Services) 1) through (2) the selection of the assignee and receipt of a report on the commencement of construction works by Defendant C (D Business) 3) the appointment of the legal agent by the agent of Defendant C (5) the contract between the transferor and the transferee) 6) the period of this contract under Article 2(7) of the schedule of the schedule of the plan to promote the arrangement of the amount for each company (8) the accounts payable by the Defendant C (8) the contract between the transferor and the transferee) shall be from the date of deposit under Article 4 to the date of completion of Article 1. Article 4(1) of the contract shall be from the date of deposit under this agreement to the date of completion of the contract: 30% (when the Defendant’s stock transfer, and the preparation of the acquisition contract): 70% (the time of approval for the commencement of construction works by the Defendant C) additional costs.

Article 10 (Matters of Special Agreement) In addition to the matters of the General Agreement above, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall take precedence

1 After this contract, Defendant C shall promptly provide the plaintiff or his legal representative with the documents required under Article 3.

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