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(영문) 광주지방법원 2019.12.06 2018나61252
계약금 및 중도금 반환 등 청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.

2...

Reasons

1. Basic Facts

A. On April 21, 2017, the Plaintiff entered into a contract with the Defendant to acquire business rights, intellectual property rights, machinery equipment, etc. related to the manufacture and sale of water issues (hereinafter “instant contract”). The key contents of the instant contract are as follows.

The Dispute Resolution Co., Ltd (hereinafter referred to as the "A") and the Dispute Resolution Co., Ltd. (hereinafter referred to as the "B") shall enter into a contract for the sale of goodwill, intellectual property rights, machinery and equipment, technology transfer, etc., which they hold in relation to the manufacture and sale of the water conflict between A and B as follows:

Article 2 (Contents of Contract) ① A shall transfer to A all the production technologies (raw materials purchase, manufacturing method, etc.), goodwill (including transaction lines and all the transactions occurring in the future) and intellectual property rights, production facilities, and surrounding machinery (attached Form 1 List), which are currently held in relation to water issues, to A, KRW 280,000,000 (attached Form 2.80,00,000) per day.

(2) The amount to be transferred under the above paragraph (1) shall not include any such claims and obligations currently owned by B.

Provided, That the deposit for the agency shall be discounted by the transferee.

(3) For the above paragraph (1), Gap and Eul shall be transferred and taken over at two levels.

1단계 양도 양수 ▷ 양도금액 : 금 1억 2천만 원(120,000,000원)

1. Payment method 1) Installment payments: 30 million won (payment at the time of a contract): An intermediate payment 20 million won (payment at the time of a contract): An agency deposit for 40 million won (payment immediately after the date of a contract transfer 30 million won): An agency deposit for 40 million won (payment immediately after the date of a contract transfer 40 million won): The agency deposit shall be deemed to have been terminated at the time of payment at the time of payment at the 1,55 million won (the person succeeded to by A) and

2. Transferred goods: 1 water shoot machine, 1 string machine, and 1 automatic packaging machine; and

3. Lease goods: One sacker and one rap-doping (free lease, but re-lease after temporary return at the time of request of B);

4. goodwill: Yong-Namn area (U.S., Ulsan, Daegu, Gyeongnam, and Gyeongbuk-do).

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