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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 1, 2013, the Plaintiff Company entered into a general sales contract with Defendant and B as follows with respect to the overall business portion of the Plaintiff Company’s business sector, excluding the electrical construction sector.
Part 1 (Purpose) This Agreement sets out all necessary matters in relation to the development of business in addition to the LED Electric and solar power generation projects, which are the business sector of the Plaintiff Company (hereinafter referred to as “A”), and Gap, the Defendant and B (hereinafter referred to as “B”) shall endeavor to achieve the common prosperity and mutual benefits by concluding strategic business cooperation 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 sectors of Gap;
Provided, That this shall not apply to some government offices in the border area where A requested.
2. A and B shall jointly run all business sectors except as provided for in Chapter II (1).
CHAPTER 4 (Term of Contract)
1.This Agreement shall be the first two years, and thereafter shall be extended by one year on an automatic basis if no objection is raised.
CHAPTER 5 (Distribution of Operating Profits)
1.The distribution of operating profits shall be made for 40% of the operating profits, except for the sales profits of Gap except for the value added taxes and operating allowances, among the sales profits of Gap, and 1/3 of the remainder shall be allocated at common expenses and 60% shall be allocated equally to Gap and Eul.
2. The time of distribution of business profits shall be the settlement of accounts within 10 days from the date when the sales price of goods is deposited after the supply of goods;
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 also use the funds of the Credit Guarantee Fund, if necessary, for the completion of the two-way projects and the following projects:
3. Eul shall invest the full amount of proceeds from the support projects for the Gyeyang 2013.
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