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(영문) 수원지방법원 2019.04.11 2017나88237
원상회복청구 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment under the following paragraph (2) shall be revoked.

2. The defendant shall be the plaintiff.

Reasons

1. The reasoning for the court’s explanation as to this part of the basic facts is as follows: (a) the gold punishment produced as above is added to “the gold punishment of this case” (hereinafter “the gold punishment of this case”) under Section 4 of the judgment of the court of first instance; (b) the following is added to Chapter 6 and Chapter 7; and (c) the ground for appeal Nos. 3 and 7 of the judgment of the court of first instance is as stated in the corresponding part of the reasoning of the judgment of the court of first instance except for the addition of “A evidence 6” under Section 7 of the judgment of the court of first instance;

A person shall be appointed.

D. After that, the Plaintiff and the Defendant did not conclude a product supply contract using the gold type of this case. On February 26, 2016, the Defendant promised on February 29, 2016 (hereinafter “the instant additional agreement”) to send the gold type of this case to the Plaintiff’s delivery request, but did not implement it until now.

E. During the instant lawsuit pending, the Plaintiff rescinded the instant contract on the ground that the period during which the instant gold delivery obligation against the Defendant was due on November 30, 2015 or the period during which the instant additional agreement was due under the instant additional agreement, and thus, the Defendant’s failure to perform the duty of gold delivery.

A person shall be appointed.

2. The Plaintiff’s assertion that the instant contract was rescinded on the grounds of the Defendant’s non-performance of the obligation to deliver the instant gold, and thus, the Defendant first concluded a confidentiality agreement on November 10, 2014 with the Plaintiff on the grounds that the instant contract constitutes a secret under the said confidentiality agreement, which is based on a minor modification of the first gold type, and thus constitutes a secret under the said confidentiality agreement with the Defendant on the grounds that: (i) the amount of penalty of KRW 127,80,000,000,000,000 for the penalty pursuant to the agreement on the penalty under the instant contract; and (ii) the amount of penalty of KRW 23,00,000,000,000 in preliminary and restitution to the original state; and (iii) the Plaintiff and the Defendant concluded a confidentiality agreement with the Defendant to produce the first gold type prior to the instant contract; and (iii) the instant gold type constitutes a secret under the said confidentiality agreement with the Defendant.

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