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(영문) 서울동부지방법원 2016.06.09 2015가합102659
반환약정금 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 398,897,350 to the Plaintiff (Counterclaim Defendant) and its related amount from April 6, 2015 to June 9, 2016.

Reasons

1. Facts of recognition;

A. On April 1, 2014, the Plaintiff entered into a contract with the Defendant for software sale permission (re-sale permission) and the total supply contract with a total of six goods listed in the attached Table, including “Namo X2 Qua 7 Quaker 7” developed by the Defendant (hereinafter “the product of this case”).

(hereinafter referred to as “the instant contract”). (b)

The main contents of the instant contract are as follows.

Article 2 (Permission of Sales Right): Sales Right to Domestic Enterprise Markets, Exclusive Sales Right to Domestic Educational Markets, provided that the sale to the public is not permitted.

Article 3 (Terms and Conditions of Contracts): The Plaintiff shall guarantee the minimum amount of purchase from the Defendant during the term of the contract by a quarterly specified as follows, and shall achieve the quarterly business target amount:

In the event that the plaintiff failed to achieve the quarterly minimum purchase price agreed upon by both parties each quarter, the defendant may revoke the permission for sales right in consultation with the plaintiff.

In the second quarter of March 2014, 2014, the business objective of which is 4.3 billion won (4.3 billion won) and 4.3 billion won (4.3 billion won) and 4.3 billion won (4.3 billion won) and 17.2.3 billion won (2.3 billion won (2.3.3 billion won) and 2.3.3 billion won (2.3 billion won) and 3.2.5 billion won (3.2.5 billion won (3.5 billion won) for each quarter of April 2014, 2014, are to be paid in full to the defendant at the same time after consultation with the defendant about the amount of advance payment of KRW 1.7.5 billion, the total amount of advance payment of KRW 1.7.5 billion (1.7.5 billion) and the defendant shall, in principle, pay in advance payment of KRW 5.5 billion (2 billion).

(1) The two are mutually settled at the end of each fiscal year (1.1 to December 31) and on the beginning date of the following fiscal year.

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