계약부존재확인 등 청구의 소
All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
Expenses for appeal shall be borne individually by each person.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Determination on the main claim
A. The Plaintiff’s claim for restitution following the cancellation of an agency transfer contract refers to the expression “retributing due to nonperformance of the contract” in the application for modification of the purport of the claim and the cause of the claim as of November 27, 2018. However, the Plaintiff is going to the restitution following the cancellation.
1) The plaintiff's assertion 1) The main point of the plaintiff's assertion is the set-off point, old datum, and three new set-off points (hereinafter referred to as "instant agency") from the headquarters C.
(2) Around December 12, 2014, when receiving and operating the instant agency code, the Defendant changed the name of the business entity and the agency code of the instant agency to the Defendant and entered into a contract with the Defendant on the transfer and acquisition of the said agency around April 2015. However, the Defendant did not pay the Plaintiff the price under the said agency contract, and made it clear that the Plaintiff did not have any intent to perform the said contract upon the Plaintiff’s request. As such, the Defendant refused to perform the acquisition of the instant agency’s contract, which included the delivery of the copy of the instant complaint, the Plaintiff’s cancellation of the said contract, and the Defendant’s restoration to the original status of KRW 161,00,00,000, KRW 15,000, KRW 50, KRW 300, KRW 500, KRW 500, KRW 160, KRW 50, KRW 5000, KRW 160, KRW 205, KRW 300, KRW 500.