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(영문) 인천지방법원부천지원 2014.07.09 2013가합8303

청구이의

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 Plaintiff is a company that manufactures and sells aluminium heat treatment machinery, chemical appliances, sports supplies, etc. using aluminium heat treatment patent technology, and the Defendant entered into a contract with the Plaintiff on February 21, 2008 for the sale of aluminium heat treatment machinery and equipment and technical alliance (hereinafter “instant contract for the sale and technical alliance”).

B. On April 25, 2013, the Plaintiff and the Defendant agreed to cancel the instant sales and technical alliance agreement (hereinafter “instant agreement”) and the main contents are as follows.

1) The Plaintiff and the Defendant, which concluded on February 21, 2008, shall cancel the agreement on the instant sales and technical alliance contract. 2) The Defendant shall deliver TNH machinery to the Plaintiff at the place (C plant) designated by the Plaintiff by April 30, 2013 while the Plaintiff was present.

3) The Plaintiff shall pay 30,00,000 won to the Defendant in installments as follows. To secure this, a promissory note against 100,000,000 won shall be issued as of July 30, 2013; and a promissory note against 200,000,000 won shall be notarized as of December 30, 2013; (a) the Defendant shall not file a complaint with the Plaintiff on June 30, 2013; and (b) the Defendant shall not file a complaint with the Defendant on June 30, 20, 200, 300, 200, 200, 300, 200, 205, 200, 300, 2005, 2005, 205, 201).

C. The plaintiff and the defendant shall implement the above contents in good faith and, if not, be legally responsible for civil and criminal matters notwithstanding this Agreement.

C. The Plaintiff issued, pursuant to the instant agreement, a promissory note with the amount of KRW 100,000,000 on April 25, 2013, and the addressee, the Defendant, and the due date, and a notary public.