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(영문) 대전지방법원 2018.08.29 2016가단228236

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a person who carries on the supply business of Aluminium with the trade name of "C".

On November 4, 2016, the Plaintiff entered into a contract as shown in the attached Form with the purport that the Defendant accepts the above right to supply the original unit and the vehicles, etc. necessary for the transportation of the original unit and the original unit (hereinafter referred to as “instant rights, etc.”) from the Defendant.

(A) Evidence No. 1, hereinafter referred to as “instant contract”). B

When concluding the above contract, the Plaintiff paid 50 million won as the down payment, and the remainder KRW 150 million as the remainder shall be paid as the remainder.

However, on November 25, 2016, the balance amount of 115 million won corresponding to Aluminium is to be increased or decreased according to the inventory amount as of November 25, 2016.

C. From November 4, 2016 to November 11, 2016, the Plaintiff paid KRW 50 million as the down payment, and on November 25, 2016, the Plaintiff increased the amount from KRW 150 million to KRW 20 million as stipulated in the contract in accordance with the inventory amount of aluminium at the time, and paid KRW 170 million as the remainder.

A:The delegating Party B (Defendant) is delegated by the delegating Party B (Defendant). In transferring the authority to the original supply business that was transferred to a third party on November 4, 2016 because it is no longer possible to perform the contract and operate the Company due to personal circumstances, C Company B (Defendant)’s original business sector transferred to the delegated Party B (Defendant B), the delegated Party B (Defendant) is delegated to C Company B with the exercise of all the rights, such as daily advertising, selection of the assigned party, conclusion of the contract, receipt of the down payment and transfer of rights, etc., and undertakes that the delegated person is not liable for any civil or criminal liability in exercising the delegated content.

(Contractor's final settlement at the time of the contract: The original inventory (170 million won) paid by the delegating person shall be paid the sales proceeds sold to the delegating person when the delegated person sells through business. (d)

The instant contract was terminated on November 29, 2016.

The defendant, on December 8, 2016, has the right of this case D.