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(영문) 의정부지방법원 2019.06.05 2017가합57417

보증금반환

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 286,00,000 and Defendant F with respect thereto from December 19, 2017, and Defendant D with respect thereto.

Reasons

(c) shall be.

(2) On January 25, 2016, Defendant F, etc.: (a) the transfer and acquisition agreement between Defendant F, etc. and Defendant F, etc. that succeeds to the rights and obligations under the instant first cooperation agreement; and (b) the transfer and acquisition agreement between Defendant F, etc. (hereinafter “instant first transfer and acquisition agreement”).

(2) Accordingly, on February 28, 2016, the Plaintiff and Defendant C, etc. entered into an cosmetic and dice cooperative agreement (hereinafter “instant secondary cooperative agreement”) with the same content as the instant primary cooperative agreement, and the main contents are as follows.

The term of the contract under Article 2 (Period of Contract) of the I Beauty and Dice Cooperation Agreement shall be from October 27, 2015 to October 26, 2017, and the re-contract shall be concluded under mutual agreement between the parties at the end of the contract.

(Provided, That in order to faithfully implement this contract under section 3 (Guarantees), the Plaintiff shall deposit at interest free to the Defendant C, etc. 250,000,000 (if there is no notice of completion by 30 days prior to the termination of the contract, it shall be extended automatically for one year.

* Upon termination of the contract, the deposit shall be refunded.

In addition, the defendant C et al. shall provide notarial deeds on deposit money deposited.

Article 5 (Unit Price for Transactions)

3. Defendant C, etc. shall ensure that the Plaintiff is 180 cases per year.

In the second half of the first half of the year, 90 cases shall be divided into two parts, and 20,000 won per case shall be paid.

(A) In relation to this contract under Article 7 (Rights and Obligations), the Plaintiff and Defendant C, etc. may not transfer or acquire to a third party without mutual agreement and consent.

(hereinafter omitted)

C. On September 20, 2016, Defendant C and D entered into a contract for the transfer and acquisition of the rights and obligations under the instant secondary cooperation agreement between Defendant C and D with Defendant F (hereinafter “instant secondary transfer and acquisition agreement”). D.

On August 30, 2017, the Plaintiff notified Defendant C, etc. of the lack of intent to renew the instant secondary cooperative agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, 4-1, Eul evidence 1-4, Eul evidence 2-C, respectively.