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(영문) 부산지방법원 동부지원 2018.11.21 2016가단215266

약정금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 27,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 1, 2016 to November 9, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the sales business of home appliances, the business of installing air-conditioning and heating equipment, and the Defendant is a company that manufactures and sells air-conditioning equipment, air-conditioning and heating equipment, etc.

B. Meanwhile, the C Housing Redevelopment and Improvement Project Association was running the business of newly constructing and selling an apartment unit with 1023 households under the name of E in Tong-si, Dong-si, and around July 2015, the Plaintiff secured the sales business right for options electronic equipment, such as the system air conditioners to be installed in the above apartment unit (hereinafter “instant business right”).

C. On April 14, 2016, the Plaintiff entered into a contract with the Defendant for the supply of an options product (hereinafter “instant supply contract”) on the condition that the Plaintiff and the Defendant would waive the instant business right and transfer it to the Defendant (hereinafter “instant contract”) as indicated in the attached Table 43 households (including the first 44 households, but the first household would be rescinded) (hereinafter “the buyer”).

The purpose of this Agreement is to conclude a contract for the agreed price pursuant to the waiver of the business rights as follows with respect to the F observer's business rights to be used for E apartment.

Agreed Amount: 5,000,000 (including surtax)

1. The Plaintiff renounces its business rights to use in the above E-style apartment, and transfers its business rights to the Defendant.

2. The amount of the above agreement is the amount that includes one-day security interest required by the Plaintiff to carry on the above business until now.

3.The payment of the agreed amount shall be made through mutual consultation.

1) Primary payment: 27,500,000 won (payment in cash within 7 days after the issuance of account statements) 2.27,500,000 won (payment in cash within 7 days after the issuance of account statements);

4. Until now, 44 households contracted by the Plaintiff are the Defendant.