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(영문) 수원지방법원 2018.03.29 2017가단515981

매매대금

Text

1. The Defendants jointly do so to the Plaintiff:

A. From May 18, 2017 to May 2018, 2018, KRW 6 million out of KRW 36 million and the said money. < Amended by Act No. 15306, May 18, 2017>

Reasons

Facts of recognition

2. The plaintiff shall transfer to the defendant B all the rights and patents (design 9 items, Patent 5 items, Patent 1 trademarks E) as a whole, as well as the business rights and patents (Design 9 items, Patent 5 items, Patent 1 trademarks).

7. The plaintiff and the defendant B shall set the amount of assignment and implement the promise as follows:

Down payment: First payment date of KRW 50 million: KRW 40 million on October 20, 2015, and second payment: KRW 10 million on November 30, 2015: KRW 30 million on:

(C) Balance remaining until March 30, 2016: 100 million won;

F. By November 30, 2016, the Plaintiff entered into a contract with Defendant B on October 19, 2015, under which the Plaintiff transferred the patent right, design right, business right, etc. related to the hond, etc. to Defendant B, and Defendant B entered into the said contract with the terms that the Plaintiff would pay the price to the Plaintiff (hereinafter “instant contract”). The main parts of the said contract are as follows.

The Plaintiff, on the same day, transferred the above business license to Defendant B, performed the procedure for patent right transfer registration, etc., but Defendant B paid KRW 42.5 million to the Plaintiff out of the down payment, and did not pay the remainder of the down payment, intermediate payment, and remainder.

On July 10, 2016, the Plaintiff agreed on July 10, 2016, such as the late payment deadline for Defendant B and the instant contract, and agreed on July 10, 2016.

(1) Defendant C guaranteed the Plaintiff the obligation to pay the price, and the main parts of the above agreement are as follows: 5. The debt amount and the debt amount 1.37.5 million won shall be discharged to the Plaintiff.

2 Defendant B shall pay to the Plaintiff KRW 7.5 million until July 30, 2016, KRW 10 million until September 30, 2016, KRW 20 million until September 30, 2016, KRW 30 million until April 30, 2017, KRW 10 million until June 30, 2017, KRW 50 million until June 30, 2017, KRW 30 million until April 30, 2018, KRW 6: KRW 30 million until April 30, 2019, KRW 7: April 30, 2020.

Defendant B paid to the Plaintiff, KRW 6 million on July 27, 2016, KRW 1 million on August 2016, KRW 500,000,000,000 on August 20, 2016, and KRW 500,000 on August 31, 2016, and paid the said first payment under an agreement made on July 10, 2016.