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(영문) 광주지방법원 2019.06.27 2017가합60135
설비대금 등 청구의 소
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a multi-cell microorganisms of Cheongchip South, the length of which is 300 to 500 meters in chromosomes.

Sovereign is a solid and solid food, and it contains essential Amino acid, various non-mination and organics, which has been widened as functional health foods.

The patent right of invention related to the cultivation and production is a company holding the patent right of invention.

B. On April 27, 2012, the Plaintiff entered into a joint agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) to jointly carry out the artificial cultivation business of Switzerland and the production and sale business of mixed feed with Switzerland (hereinafter “instant joint agreement”). Defendant C’s substantial representative D established Defendant C Co., Ltd (hereinafter “Defendant B”) for the purpose of artificially cultivating and selling microorganisms for the instant project implementation.

C. In order to carry out the instant joint project agreement, the Plaintiff and Defendant C constructed Switzerland or production plant (hereinafter “Na factory”) on the ground of the Defendant C-owned Naju City, and the Plaintiff agreed to construct Switzerland or distribution facilities and feed production facilities in the Jeju factory. In this regard, each construction contract was concluded between the Plaintiff and the Defendants, and each of the said contracts was concluded with the Plaintiff to contract the production of the said production facilities to F Co., Ltd. (hereinafter “F”) and the Plaintiff Company G (hereinafter “G”).

On October 21, 2013, the Plaintiff entered into an agreement on the transfer and acquisition of the company (hereinafter “instant transfer and acquisition agreement”) with Defendant B on the purport that the Plaintiff would take over the assets related to the business of Defendant B (hereinafter “instant transfer and acquisition agreement”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 4, and 13, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1’s Plaintiff around November 2012.

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