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(영문) 서울서부지방법원 2016.09.29 2016나31965
기타(금전)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On March 21, 2015, the Plaintiff: (a) transferred the “C” operated by the Plaintiff to the Defendant; (b) received KRW 43 million from the Defendant for the premium; and (c) concluded an agreement between the Defendant and the Defendant to return KRW 15 million to the Defendant when the Defendant engages in a business for less than two years; and (d) when the Defendant engages in a business for less than three years, the amount of KRW 20 million was returned to the Defendant (hereinafter “instant premium agreement”).

B. A separate contract with respect to transactions of high-level documents between the Plaintiff, the Defendant, and the Plaintiff’s children, was prepared as follows:

(hereinafter referred to as the “instant contract” and the “instant contract” are referred to as the “instant contract”). E Representative (Defendant): D shall exclusively supply used documents (including CDs, DVD, LP records) purchased from E and C on the condition that she takes over the F located in Mapo-gu F from Eul.

The proceeds from supply shall be paid for, and the supplied amount shall be subject to mutual consultation.

The supply period shall be the period during which Gap runs E and C.

At the time of sale to a third party, A has the authority to enter into a supply contract of documents, etc. with a third party at the time of sale.

As a result of the failure to perform the above terms and conditions of the contract, the amount of damages shall be paid to Eul and Byung when Gap supplies it to a third party.

On March 21, 2015, A: I will faithfully implement the above contract.

B : A C: D

C. At the bottom section A of the instant contract, “B shall faithfully perform the foregoing contract” is written as “B,” and next, it is stamped with the Defendant’s private person. The Plaintiff’s name and seal is affixed in B, and in C, D’s name and private person is attached to B, and D’s name and seal is attached to C’s name and private person.

(The defendant recognizes that the phrases, private persons, and unmanneds listed in the above column A are limited to the defendant).

The defendant purchased after the contract of this case.

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