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(영문) 창원지방법원 2016.02.04 2015나10503
해약환급금
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. Basic facts

A. On September 6, 2005, the Plaintiff entered into a mutual agreement with C Co., Ltd. (hereinafter “C”) on a contract amount of KRW 3 million (=50,000 won for monthly payments x 60 times).

(hereinafter “instant mutual aid agreement”). B.

On August 16, 2010, the Plaintiff paid in full the contract amount under the instant mutual aid agreement to C.

C. On October 1, 2013, the Defendant entered into a contract with C for the transfer of the goods market with members, and the main text thereof.

Details are as follows:

(hereinafter referred to as the "contract for the Transfer of Members of this case". The underwriters: B (State D), C (Representative Director E) by agreement between the parties above, and the underwriters and underwriters agree to the transfer of the commodities of members and enter into a contract as follows:

Article 1 (Subject Matter of Transfer) The subject matter to be handed over by the transferor to the underwriter shall be as follows:

1) Article 2 [Transfer Method] (1) of the Security Deposit Receipt and Details (Electronic Transfer Method) of the Security Deposit Money (Electronic Transfer Method) received from all the members held by the transferor on the basis of each of the entire members held by the transferor, (2) the security Deposit Money (Electronic Transfer) of the entire members held by the transferor on the basis of each of the entire members, (3) the security Deposit Money (Electronic Transfer Method) of the entire members held by the transferor on the list of the Security Deposit Money (Electronic Transfer Method) shall be transferred to the transferor,

(2) In addition to the list referred to in paragraph (1) above, the transferor shall hand over to the underwriter the particulars of the amount of each installment paid to all the members held by the transferor, and the underwriter shall accept it.

(3) Of the installment savings deposits received from all members held by the transferor, the transferor shall transfer the deposit received from the transferor at the time of the transfer to the transferee and the transferee shall take over it. Article 3 3 【The transferor’s rights and obligations to the transferee’s members shall be transferred to the transferee, and the transferee shall take over the rights and obligations to the transferee: Provided, That the provisions of the separate provision shall govern.

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