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(영문) 광주지방법원 2018.02.02 2017가단6974
약정금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 30, 2014, the Plaintiff, the Defendant, and the Nonparty C jointly operated D Co., Ltd. (hereinafter “Nonindicted Company”). The Plaintiff and the Defendant agreed to purchase and use the construction materials, such as the sn beam beamline (H-BEM) and to settle the profits therefrom, and concluded a partnership agreement with the Plaintiff and the Defendant to jointly operate the said business (hereinafter “instant partnership agreement”) with the content that, if it is difficult to maintain the partnership due to the lack of mutual opinions, it would make a settlement according to the ratio of input after setting a heavy high price as of the time (hereinafter “instant partnership agreement”).

(No. 1). (b)

The Plaintiff and the Defendant deposited the construction material price in the non-party company in accordance with the instant business agreement and purchased the construction material, such as the sn beamline (H-BEM) in the name of the non-party company.

C. On July 11, 2016, the Plaintiff and the Defendant agreed on the instant partnership agreement and prepared a written agreement (Evidence No. 1) with the following content for the settlement following the termination of the partnership agreement:

(hereinafter referred to as “instant settlement agreement”. A: Defendant (B) and B: The Plaintiff (A) and B shall settle the accounts related to the Nonparty Company and consult as follows.

:

1. Share-related matters;

(a) Eul transfers 33 per cent of the equity interest in the Company A;

(b) B does not raise any question when Gap acquires 33% of E equity;

C. As above, the shares of the Company B are transferred, and there is no authority over the Company B.

The acquisition amount of shares under paragraph (1) shall be the amount included in the settlement amount.

2. Upon the implementation of paragraph 1, A shall pay 150,000,000 won for the settlement of accounts to B.

on July 13, 2016, KRW 100 million (Provided, That paragraph 1 shall be paid simultaneously with that of paragraph 1)

(b) 30 million won by September 13, 2016;

(c) 25 million won by October 31, 2016;

3. Materials-related matters;

(a) The main material to be paid by A to B is from 50% to 100 tons in total discretion

(hereinafter referred to as “paragraph (3) of the instant settlement agreement”). (b)

Omission

4. Omitted.

5. B shall be as to A after the self-stock is identified.

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