영업양도대금 청구의 소
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the second 10 of the grounds of the judgment “2015.” (b) the second 10 of the judgment “2015.” (c) the second 15 to 16 of the judgment “2012.” (c) the third 15-16 of the judgment is deleted; and (d) the Defendant’s addition of the judgment on the principal suit and the counterclaim claim at the appellate court are identical to the grounds of the judgment of the court of first instance, except for the addition of the judgment under the following 2. (2).
2. Determination as to the defendant's additional assertion as to the main lawsuit and the counterclaim
A. 1) The Defendant’s assertion on revocation and invalidation is determined as follows: (a) the Defendant’s assertion that it is difficult for the Plaintiff to develop and supply the parts of the instant case in a normal manner and, even if it was well aware of the circumstances that it is difficult for the Plaintiff to normally develop and supply them; and (b) the instant transfer of business and the instant approval agreement by deceiving the Defendant
The Defendant failed to perform its duty to cooperate after the conclusion of the contract. Accordingly, each of the instant contracts was concluded by the Plaintiff’s deception and did not obtain the approval and order for the completion of the development of parts from the Youngdong Station. Therefore, the Defendant’s cancellation by the delivery of a preparatory document as of June 25, 2018. Even if each of the instant contracts was not effective because it did not meet the requirements for cancellation, the instant contract was null and void. In other words, Article 2(2) of the instant approval agreement provides, “The Plaintiff, as the first contracting party, transfers its power to the Defendant for the development and mass production of parts, shall complete the development of parts in cooperation with the Defendant’s responsibility until the completion of the development of parts.”