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(영문) 서울중앙지방법원 2018.01.11 2017가단5062132

청구이의

Text

1. The Defendant’s decision on performance recommendation is based on the Seoul Central District Court’s decision on February 28, 2017 (2017 Ghana521905) against the Plaintiff.

Reasons

1. Basic facts

A. On February 27, 2014, the Plaintiff (formerly named “Before the change”) entered into a contract with the Defendant on the following terms: (a) the title “branch agreement (product name: food treatment equipment)” with the Defendant:

(hereinafter referred to as the “instant contract”). Article 2 (Definition and Scope of Application) (hereinafter referred to as the “instant contract”) provides the Plaintiff with the authority and goodwill to sell food for home use (hereinafter referred to as “instant goods”) to the Defendant.

Article 3 [Items and Value of Supply]

1. After obtaining the qualification for a branch, the Plaintiff shall supply the Defendant with 330,000 won per unit of the instant goods (including value added tax).

§ 7. [Deposit, Deposit, Initial Contract Amount]

1. Branch deposits shall be fifteen thousand won;

2. The defendant shall deposit KRW 744,00 with the plaintiff as the collateral for damages where the settlement is delayed.

3.The amount of the initial contract shall be thirty-six, and the amount of the 36 goods shall be fourteen thousand and twenty-six,00 won (including value added tax).

Article 8 [Payment and Delivery of Price] 396,000 won for goods 】 36: 14,256,000 won (including value-added tax)

1. The defendant shall pay KRW 30,000,000 to the plaintiff simultaneously with this contract, including the amount of the deposit, deposit, and the amount of the first contract specified in Article 7.

Article 9 (Term of Contract)

1. The term of validity of this contract shall be two years from the date of conclusion of the contract, but shall be automatically extended under the same conditions unless the defendant has a reason to terminate the contract, and the contract shall be re-preparation within fifteen days from the expiry date.

2. The plaintiff shall refund the deposit (15,000,000 won) to the defendant within 15 days upon the expiration of the term of the contract at the expiration of the term of the contract.

Article 11 [Effect of Contracts] The effect of this Agreement takes place at the time the deposit is deposited in cash on the old account designated by the Defendant (30,000,000) at the time of payment of the deposit in cash, and at the same time, the Defendant shall acquire

B. On February 2, 2017, the Defendant paid KRW 30,000,00 to the Plaintiff according to the instant contract, but from the Plaintiff.