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(영문) 울산지방법원 2017.08.09 2016가단8212
구상금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

(a)dozine together with a counterclaim;

Ⅰ. The conclusion of the contract and the progress of the dispute and the following facts are recognized to the effect that there is no dispute or as a whole the pleadings, except each macro-Evidence.

1. On August 10, 2011, the Plaintiffs entered into a sales contract with Defendant C to transfer all of the businesses, such as the office fixtures, fixtures, equipment, etc. of the “D” agent (VN) agent at the time, to KRW 270 million.

(hereinafter the foregoing agency’s “instant agency” and “instant transfer contract” respectively). 30% of the down payment was agreed to pay each of the 30% following the date of the preparation of the contract, the intermediate payment of 40% on September 30, 201, and the remainder of 30% on October 30, 2011.

[2] Article 2 (Terms and Conditions of Sales Contract and Amount) (1) A (referring to the defendant of this case) takes over all the rights to manage the company's assets and franchise stores owned by B (Plaintiff A) in the amount of KRW 270 million.

* Assets: All the equipment of the office fixtures, except for office rent deposit, ② Claims and obligations incurred until August 31, 201 (including the outstanding amount due) shall have rights and obligations, and even after August 31, 201, A shall cooperate with B until the recovery of claims remaining in the agency and chain store of B is completed.

(4) B shall transfer and take over the current status of the management and business establishment of B's member stores from the time of entering into a contract with A, and all rights to B's assets, all of the house(materials, parts, and all of the house(s) and all of the house(s) located in the office at the time of completion of the balance payment of A's member stores

Article 3 (Duties of A) (1) A shall perform the management of credit card inquiry equipment installed in a chain store after acquisition ( September 1, 201) and the A/S affairs.

(5) A shall have him/her succeed to the contract terms entered into with the head office of B and faithfully implement the contract terms.

Provided, That A is fully responsible for the problem that arises due to the failure of A to implement properly.

Article 5 (Effect of Contract) (1)

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