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(영문) 서울중앙지방법원 2018.07.27 2017가단5202480
약정금
Text

1. The Defendant shall calculate 20 million won to the Plaintiff at the rate of 15% per annum from December 10, 2017 to the date of full payment.

Reasons

1. On August 12, 2016, the Plaintiff agreed with the Defendant to conduct a joint business using the Defendant’s patent for fire prevention and fire extinguishing device (patent number C) as follows.

(hereinafter “instant joint project agreement”). Article 3 (Scope of Business Affairs)

(a) A (Plaintiff) - Costs required in the initial stage of the project - management consulting and financial management;

(b) duty of Eul (Defendant) - Marketing to increase sales - marketing to increase sales - Article 4 (Performance of and Procedures for Obligations and Procedures for Obligations to Eul) for the overall management of the company;

1. The patents owned by Eul shall be transferred by establishing a new corporation;

2. The first cost in 200 million won for the procurement of A under Article 3 shall be paid 50 million won when A affixes his/her seal on this Agreement, and the remainder in consideration of the progress of his/her business;

August 23, 2016, 150 million won

3. Eul shall make available to Gap in a transparent manner in managing the procured funds.

4. B shall issue a certificate of stock storage in proportion to the amount of the procurement to which Party A promised, and shall issue a certificate of stock storage to 20% of the total amount of the procurement to be completed, and shall be registered in the register of shareholders simultaneously.

Article 5 (Distribution of Profits and Methods)

1.B shall pay profits equivalent to 20 per cent of the shares of Company A owned by it and shall make cash payments as follows:

2. The dividends shall be paid by means of cash dividends twice a year within 10 days, respectively, at the time of the completion of the annual financial statements and the completion of the annual settlement of accounts.

Section 9 (Liability for Damages) In the event of failure to perform the procurement costs for Section 9 (Liability for Damages) to Section 50 times the procurement costs for Section 9 (Liability for Damages) by Section 9, B shall be liable for damages equivalent to 50 times the procurement costs by

Article 10 (Recovery, etc. of Investment Costs) The said investment amount (200 million won) shall be paid to A after 20 months under mutual agreement between A and B, and the shares of A allocated shall be owned by A.

The plaintiff is in accordance with the joint business agreement of this case.

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