(영문) 춘천지방법원원주지원 2004.11.04 2001가합914

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(영문) 춘천지방법원원주지원 2004.11.04 2001가합914

창업자금,지적재산권,급료,물품대금,공과금

Text

1. The defendant

(a) KRW 73,00,000 as well as 5% per annum from January 5, 2003 to November 4, 2004; and

Reasons

1. Basic facts

A. On February 10, 200, the Plaintiff, who was engaged in the manufacture and sales business of insects in the name of “C”, was under the joint name of the Plaintiff and the Defendant, and the Plaintiff did not participate in the management of “C”, and the Plaintiff transferred the raw materials and manufacturing equipment in the Plaintiff’s possession to the Defendant, while transferring the manufacturing technology of insects to the Defendant. (i) When the Defendant was produced after assembling the raw materials, and then shipping them out, the cost of the production equipment shall be paid in cash to the Plaintiff. (ii) The price of the raw materials shall be KRW 30,000,000, and the price of the production equipment shall be paid to the Plaintiff five years after the Defendant was paid to the Plaintiff. In consideration of technology transfer, the Defendant entered into a contract under which the Plaintiff would pay the Plaintiff KRW 2,00,000 each month from the date following the release of the new products from June 1, 2001 to June 1, 2001 (hereinafter “instant contract”).

B. Under the instant contract, the Plaintiff changed the name of the business entity “C” in the name of the Plaintiff and the Defendant jointly, and delivered the manufacturing facility to the Defendant along with the transfer of the production technology of the insect. The Plaintiff received KRW 5,00,000 from the Defendant and delivered the raw materials of the harmful insects to the Defendant in the amount.

C. Accordingly, from May 200, the defendant started to produce new products of insects from around May 200, and the above B.

(1) According to the agreement between the Plaintiff and the Plaintiff, from June 6, 2000 to August 10, 200, the Plaintiff paid KRW 2,000,000 each month to the Plaintiff as of September 10, 200. On September 10, 200, the Plaintiff transferred the Defendant’s claim for the purchase of goods amounting to KRW 2,60,000 against Nonparty D as of September 10, 200 in return for the transfer of the production technology of insects to be paid. The Plaintiff collected the full amount of the above claim from the Plaintiff.

[Reasons for Recognition] Uncontentious Facts, Evidence No. 9-1, 2, Evidence No. 10, whole purport of pleading

2. Determination on the cause of the claim

A. The above facts of recognition.

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