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(영문) 서울고등법원 2015.06.03 2014나52447

약정금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Grounds for the court's explanation concerning this case in this case

C. (2) The part of (a) (No. 10, No. 11, No. 11, and No. 11, No. 8 of the judgment of the court of first instance) is as stated in the reasoning of the judgment of the court of first instance, with the exception of the following height: therefore, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. 2) The part of (a) (Articles 10, 11, and 11, and 8 of the first instance judgment) (see, e.g., Supreme Court Decision No. 1020, Jul. 7, 2013) is deemed to have been rejected.

On July 2013, 2013, the Plaintiff and the Defendant entered into an agreement with the Defendant on September 1, 2013 that the Plaintiff and the Defendant waives all the rights to purchase on the said stores as well as the right to purchase on the part of the Plaintiff to operate their own waste disposal services for two stores and ten stores of a lot, as seen earlier. At the same time, the Plaintiff gave up all the rights to purchase on the said stores, and the equipment installed at the said stores are selected and taken over by the Plaintiff. On March 1, 2013, the Plaintiff entered into an agreement with the Defendant on the waiver of all the rights to purchase on the part of the 3 stores of the New World Department Store.

However, according to the above agreement, the Plaintiff and the Defendant continued to hold a consultation on the Plaintiff’s acquisition of all rights and obligations on the waste disposal service business, which the Defendant held with respect to the said 10 stores and the said 2 stores, but did not reach an agreement on the acquisition of machinery and equipment and the payment of the price therefor, etc. installed at the said stores, and eventually, the said agreement was not implemented until now. The Defendant continues to carry out a waste disposal service business in accordance with the waste disposal service agreement for the said 10 stores, even after the said agreement was concluded.