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(영문) 청주지방법원 2016.02.18 2015나11770

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Around 2010, the instant sales contract was concluded between the Defendant (a company that manufactured and sold dental medical devices: Sknden Co., Ltd.) and the Plaintiff, a dentist who operated B dental clinics (hereinafter “instant sales contract”).

B. Chapter 1 of the instant sales contract provides for a general clause, and Chapter 2 provides for a share clause, but the main contents of the share clause are as follows.

Article 1 (General Shares of Shares) A (referred to as the defendant; hereinafter the same shall apply) shall certify stockholding as a certificate of shares issued on the basis of the terms specified in the contract.

Article 3(1)(2)(3)(3)(3)(3)(3)(3)(2)(3)(2)(3)(2)(3)(3)(2)(3)(3)(2)(3)(3)(

The refund amount of 8,00,000 won - After three years of non-performance of the refund - After the event contract, A shall pay the refund on the same basis as the left-hand side at the request of B.

- The return of cash may be made at least three years after the end of three years.

- The return of cash shall be completed within one month after the request for return.

Article 4 (Product Conversion) 10,000,000 won after the year 5,000

1. Eul returns Gap's shares, and upon Gap's request for conversion into the product, Gap shall supply them as the product.

3.The converted products shall be recognized as purchases through events and shall be subject to the 10-year AS period without compensation and shall be given the same expendable products.

C. After the conclusion of the instant sales contract, the Plaintiff paid KRW 20,000 to the Defendant, and was issued 2,000 shares by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 to 3, Eul evidence 10, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The main point of the Plaintiff’s assertion is that the Plaintiff’s sales contract of this case is 20,000,000 won for two parts of “Nitt W” (hereinafter “instant goods”).