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(영문) 대구지방법원 2017.06.20 2015가단113139
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 2,556,156, respectively, and each of them from December 1, 2014 to December 1, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1, the plaintiff and the defendants may recognize the fact that the plaintiff and the defendants entered into a general business contract with respect to the sale of the ELDD on August 1, 2013 (hereinafter “instant business contract”).

A and A (hereinafter referred to as "B") shall enter into a general business contract with respect to the overall business part, excluding the electrical construction parts, among the business sections of A, with respect to the general business division of A, as follows:

CHAPTER II (Convention Matters)

1. Gap and Eul shall provide and manage the organization, personnel, accounting, products, and necessary information on all sectors except the electrical construction business among the business sections of Gap;

CHAPTER 5 (Distribution of Business Profits)

1.The distribution of operating income shall be made for 40% of the operating income, excluding surtax and operating allowances, among the profits from sales except for Chapter II (1) of Party A, and the remainder shall be allocated for common expenses and 60% in equal 1/3 of Party A and Party B.

2. The timing for distributing operating income shall be the settlement of accounts within ten days from the date the sales proceeds of goods have been deposited after the supply of the goods;

CHAPTER 7 (Adjustment)

1. In principle, Gap and Eul shall distribute operating income per business unit;

2. A and B shall settle accounts per business unit or per year in order to confirm the disbursement details and balance of common expenses by item.

3. The deficit shall be compensated with the revenue accruing from the next session operations in a case where the deficit occurs in the settlement of the accounts concerned; and

4. If a black person occurs among the above amounts, Gap and Eul shall be allocated one-third in consultation with each other.

Chapter 8 (Initial Operating Capital) A and B shall invest initial operating capital to operate the Company.

1. A shall invest 10,000,000 won in the initial capital.

2. A shall, if necessary, terminate a bilateral project and, for the following projects:

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