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(영문) 광주고등법원 (전주) 2021.01.14 2020나10553
임대차보증금
Text

All of the plaintiff's appeal and the plaintiff's successor's claim are dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

(2) On June 2, 2016, on June 2, 2016, the Plaintiff purchased 1,663 square meters of the D Factory site and completed the registration of transfer of ownership on August 26, 2016.

2) On July 28, 2016, Defendant B awarded a contract for the construction of a new factory building H and I Dong (hereinafter “instant factory”) on the ground of the said D’s land to a limited company G (hereinafter “G”) that the Plaintiff substantially operates.

3) Approval for the use of the instant factory was around December 6, 2016, and Defendant B completed the registration for the preservation of ownership of the instant factory on December 16, 201.

B. On July 3, 2017, the Plaintiff and Defendant B were responsible for manufacturing, etc. of medical devices at the instant plant, and Defendant B entered into an agreement on joint operation of the instant plant with the following content, which provides the instant plant and marketing and management of medical devices manufactured by the Plaintiff (hereinafter “instant agreement”).

The joint operation agreement for the factory joint operation: E representative director B (Defendant) * the management representative director of the KOE - The representative director shall support the factory of this case without any condition as the principal owner of the factory of this case.

- has the responsibility and responsibility for documents and administration related to personal licence management, public charges and office expenses, etc.;

- Manufacturing, development, and research of products are equally shared.

- The value of the Company’s property shall be equal and recognize 50% of the shares.

* Sales management - has responsibility and responsibility for management such as marketing, marketing and strategy, sales management, management of finished products, management of finished products, gold, and management of operating funds.

- Prepaid money, raw material costs, and personnel expenses necessary for production shall be paid first.

- maintain more than 60% of the operating hours of the factory, such as new product development, OEM production, etc.

Joint operators of the same industry: F (the Intervenor’s Intervenor’s Intervenor) of the Product Production Management Factory and the Representative A (the Plaintiff) - the factory president shall support the factory operation and technology without any condition.

- Responsibility and responsibility concerning machinery facilities necessary for the manufacture of products.

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