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(영문) 수원지방법원 2020.06.03 2018가단514831
기타(금전)
Text

1. The defendant jointly with C, as to KRW 22,50,000, and as to this, 6% per annum from March 4, 2020 to June 3, 2020.

Reasons

1. Facts of recognition;

A. The Defendant is a company engaged in the business of manufacturing, selling, and leasing “credit card-type Stickers”.

B. On December 7, 2016, when concluding a branch contract with the Defendant, the Plaintiff purchased five (in the total amount of nine million won per unit, nine million won per unit, value-added tax), from the Defendant in total, five (in the instant machine; hereinafter referred to as “the instant machine”) of the Stick and photographic machine, and was guaranteed the business rights in Incheon and Gyeonggi-do with the business territory using the said machine.

(hereinafter referred to as the “instant contract”). Both parties agreed in the said contract that “The head office shall purchase (Article 17(7)) except for the amount of depreciation for five goods purchased upon cancellation of the contract for a branch office by mutual agreement.”

C. The Plaintiff’s director C (a co-defendant C, prior to the separation of pleadings, did not raise an objection to the decision in lieu of conciliation that “the payment of KRW 35 million to the Plaintiff,” and the said decision became final and conclusive. According to the advice of the Defendant’s operating staff who arranged the conclusion of the instant contract, the Plaintiff installed the machinery and started operating the machinery. Since operating income is considerably low, the Plaintiff requested the return of the said machinery and the termination of the said contract.

Accordingly, the Plaintiff agreed between C and C on August 18, 2017, that “The five instant machinery was taken over and managed by C as of August 1, 2017, and the head office (the Defendant) purchases the remainder in a lump sum and bears the difference in depreciation, if it is not traded by December 7, 2017.”

hereinafter the Agreement in this case

B. According to the above agreement, C appears to have already received the instant machinery from the Plaintiff on August 1, 2017.

3) Since then C entered the instant machinery into the Defendant, the value of the machinery at the time of entry into the said machinery (the value excluding depreciation) is 4.5 million won.

On November 3, 2017, the Plaintiff requested the Defendant to terminate the instant contract by content-certified mail, and the Defendant, on January 4, 2018, transferred the instant contract to the Plaintiff by telephone.

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