(영문) 광주지방법원 2017.08.09 2016가단32679

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(영문) 광주지방법원 2017.08.09 2016가단32679

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. On December 2015, the Plaintiff and the Defendant concluded a partnership agreement with the Plaintiff’s share in the Defendant, if the Plaintiff completed the factory facilities in Gwangju Mine-gu C, then the Defendant managed and operated the above factory facilities, 70% of the sales accrued therefrom, and the remainder 30% of the sales accrued therefrom.

B. Accordingly, on December 5, 2015, the Plaintiff completed the construction of factory facilities (hereinafter “instant factory”) such as the lease of a factory and the installation of various machinery, etc. with the trade name called D, and the Defendant operated the factory from around that time.

C. On February 15, 2016, the Plaintiff and the Defendant drafted the following contract with the lessor as the lessor, and the Defendant as the lessee.

Article 1 (1) The above contract is a contract that provides the whole of the factories and all the facilities to the lessee by the contract of the lessor and the president of the tenant with a view to not impeding the production of the lessee. 3) In principle, the two-year contract is extended after consultation on a two-year basis.

Article 2(1) The settlement of the price shall be 7:3 of the sales amount by field (7: 3) the approval of the tenant shall be granted, and the lessor shall settle the settlement of the price at the end of each month and the 20th of the following month without the approval of the mother's body.

(c)3) All expenses, such as rents, electricity charges, water charges, medicine charges, telephone charges, electrical safety management fees, and air performance records fees, shall be paid by the lessor and shall actively cooperate with matters necessary for the production of the lessee. The termination of the contract under Article III (1) shall be based on mutual trust and trust, and the lessor may notify the lessee of the termination of the contract thirty (30) days prior to the date when the sales, etc. are not transparent.

2 If the settlement of payments by the lessor is not smooth monthly, the lessee may demand the lessor to terminate the contract.

(c).

On June 3, 2016, the Defendant did not work for the Plaintiff from April 11, 2016 to the 30th of the same month.

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