beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
.C Co., Ltd. (hereinafter referred to as “C”) operated as such;
(B) The Plaintiff and the Defendant signed each of the following agreements (Evidence A 1) related to the settlement of obligations arising from the said original transaction around April 28, 2007: (a) around April 28, 2007, each of the following agreements (hereinafter “instant agreement”).
(A) Agreement Party A: B. B.S. In the two weeks of the Gyeonggi-do Yang-si: A (resident registration number F and B) agree to implement the following contents:
1. Debt amount for Party B: 92 million won;
2. Amount of acquisition of a Vietnam factory and office building owned by A: 45 million won (a factory product and a house).
3. A shall pay 20 million won to B at the time of transfer of the Vietnam factory and office.
4. Eul shall pay 45 million won to Gap as the acquisition fee for a Vietnam factory.
5. 1/2 of the purchase price of the product shall be paid to A when B purchases the product to B, and 1/2 shall be deducted from the purchase price until the full payment is made to A.
* Balance remaining after deduction: 72 million won
C. After the agreement of this case, the Plaintiff acquired Vietnam factory and office offices as specified in the agreement of this case, purchased from C to March 19, 2010, and produced and sold liquid products, such as liquid products, at the Vietnam factory.
[Ground of Recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, Eul evidence Nos. 2 and 3, Eul evidence Nos. 4 through 7, Eul evidence Nos. 8-1 through 3, Eul evidence Nos. 10-1 through 5, Eul evidence Nos. 11-1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant agreed to deduct 1/2 of the price from the Defendant’s debt to the Plaintiff when the Plaintiff, while operating the Vietnam plant and office, in the amount of KRW 92,00,000 from the Defendant’s debt to the Plaintiff.
On March 19, 2010, the Plaintiff purchased from the Defendant until the business closure of the Vietnam factory.