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(영문) 서울고등법원 2015.04.30 2014나39017
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

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”).

1. The Plaintiff and the Defendant shall terminate the agreement on the instant sales and technical partnership agreement concluded on February 21, 2008.

2. The Defendant must deliver TRT machinery to the Plaintiff at a place (C factory) designated by the Plaintiff by April 30, 2013, while the Plaintiff was present.

3. The Plaintiff shall pay 30 million won to the Defendant in installments as follows, and a promissory note with respect to KRW 100 million shall be issued as of July 30, 2013 and a promissory note with respect to KRW 200 million shall be issued as of December 30, 2013 and notarized as of December 30, 2013.

① KRW 30 million on April 9, 2013; ② KRW 30 million on June 20, 2013; ③ KRW 30 million on July 20, 2013; ④ KRW 40 million on August 20, 2013; ⑤ KRW 50 million on September 20, 2013; ② KRW 50 million on October 20, 2013; and ② KRW 50 million on October 20, 2013; and ② KRW 50 million on November 20, 2013; and ③ KRW 50 million on November 20, 2013; and

4. As to the complaint and accusation

A. The plaintiff and the defendant do not file a mutual complaint or accusation, and the defendant does not participate in all legal disputes raised by a third party.

B. The plaintiff and the defendant should not criticize or slander each other.

C. The plaintiff and the defendant shall faithfully perform the above contents and, if not, be legally liable for civil and criminal liability despite this agreement.

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.

C. Under the instant agreement, the Plaintiff: (a) KRW 100 million on April 25, 2013; (b) KRW 200 million on a promissory note as of July 30, 2013; and (c) KRW 200,000,000,000,000,000,000

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