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(영문) 창원지방법원진주지원 2016.02.03 2014가단5148

대금감액청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant entered into a contract with C Co., Ltd. (hereinafter “C head office”) for a local agency with the delivery area as the Jincheon-si, Ycheon-si, Busan-gun, and operated the home agency business (hereinafter “ home agency business”). At the time, at the time, the delivery area was classified into the C head office (hereinafter “C head office”).

B. On November 15, 2013, the Defendant entered into a transfer/acquisition agreement with the Plaintiff, under which the Defendant would transfer all rights, obligations, and facilities relating to the business of door-to-door sales, which the Defendant had operated, to KRW 170 million (hereinafter “instant transfer/acquisition agreement”).

The Plaintiff paid the Defendant the down payment of KRW 70 million on the day of the contract, and the remainder of KRW 100 million on the 29th of the same month.

The transfer/acquisition agreement of this case specifies the following contents:

District: At the time of preparation of a contract for the establishment of a business office with the defendant under Article 7 of the Jin-si, the Cheongju-gun, the entire plaintiff shall succeed to the following

[D 5 million won, E 5 million won, F 5 million won, G 5 million won, H 2 million won, J 1 million won, J 1 million won, K 2 million won, and K 2 million won (total of 26 million won)]

On November 22, 2013, the Defendant entered into a contract with the head office C for a door-to-door agency, and agreed that the delivery area shall be Jinju-si and Cheongcheon-si, and that the delivery area shall not be included in the Defendant’s delivery area.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, each statement of Eul evidence 1, witness L and M testimony, each fact inquiry inquiry reply to C Co., Ltd. of this court, and the purport of whole pleadings

2. The Plaintiff asserted with the Defendant that the purchase price was set at KRW 170 million in the delivery area of the transfer agreement of this case, on the premise that the transfer price was included in the delivery area, but agreed with C head office not to include the sale price. Since the delivery volume in Scheon-si exceeds 25% of the sales volume of the door-to-door agency, it is pursuant to Article 572 of the Civil Act.

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