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(영문) 서울남부지방법원 2016.04.29 2015가합104054

약정금

Text

1. The Defendant’s KRW 247,00,000 as well as 20% per annum from May 23, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. The plaintiff's assertion (1) primarily entered into the manufacture agreement with the plaintiff Eul Co., Ltd. (hereinafter "B") and paid 250,000,000 won for the production cost to Eul. After which the plaintiff's merger with the defendant occurred, the plaintiff agreed to cancel the manufacture agreement of this case between B and B, and agreed to refund KRW 247,00,000,000, excluding the already returned 3,000,000,000,000, which was paid in advance, and the defendant combined B and comprehensively takes over the above rights and obligations to pay 247,000,000,000 won for the above contract amount to the plaintiff pursuant to the above return agreement, and the merger with the defendant of this case with the defendant of this case was lawfully cancelled for 200,000,000 won for 200,000 won for the first 200,000,000 won for the first 20,0005.

2. On November 18, 2014, the Plaintiff entered into the instant production contract with B to jointly produce 20 parts of “D” and 70 parts of “D”, and on November 27, 2014, paid 250,000 won in advance production cost to the Defendant pursuant to Article 5(1) of the instant production contract, and returned 3,00,000 won among them, on the grounds that B is promoting a merger with the Defendant around January 2015, the Plaintiff shall be released from the agreement on the instant production contract on the grounds that B is promoting a merger with the Defendant, and B shall have the remainder of 247,000,000 won excluding 3,00,000 won returned to the Plaintiff out of the pre-production cost 250,000,000 won.