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(영문) 인천지방법원 2015.04.07 2013가합19126
매매대금반환
Text

1. The Defendant’s KRW 10,183,319 as well as the annual rate of KRW 5% from November 19, 2013 to April 7, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. 1) On April 29, 2013, the Plaintiff, via the Defendant, is a stock company C (hereinafter “C”) (hereinafter “C”).

2) From the perspective of the name of the store “D”, the name of the store “D” (hereinafter referred to as the “instant Pdcot”).

3) The sales contract for the instant goodwill is to purchase KRW 195,00,000 (hereinafter “instant sales contract”).

from April 19, 2013

5. By February 5, 195,000,000 won was paid to E by C’s representative director.

2) On the same day, the Plaintiff entered into a consulting contract with the Defendant (hereinafter “instant consulting contract”).

(3) The Plaintiff paid KRW 5,00,000 to the Defendant at the consulting cost.

B. (1) From May 2013, the Plaintiff operated the instant food sheet, but failed to obtain the monthly revenues of KRW 10 million, which was initially expected, filed a claim against C and the Defendant for the cancellation of the said sales contract and the return of the price. (2) During the instant lawsuit, C purchased a business license again from the Plaintiff and paid KRW 120,000 to the Plaintiff while repurchasing the business license, and the Plaintiff voluntarily withdrawn the lawsuit against C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the Defendant’s assertion was that the Plaintiff agreed not to exercise a civil or criminal claim against the Defendant regarding the instant sales agreement concluded between the Plaintiff and C when entering into the instant consulting agreement with the Defendant, and thus, the instant lawsuit is unlawful in violation of the Non-Lawsuit Agreement.

B. According to the records in Gap evidence No. 2, "The defendant is not liable for civil or criminal liability for the contract concluded between the plaintiff and C, and even if legal dispute arises between the plaintiff and C in the future, the plaintiff does not exercise civil or criminal right against the defendant."

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