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(영문) 대구고등법원 2016.11.02 2015나3038
부당이득금반환
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

(b) the terms and conditions of the lease are the same as the terms and conditions of the free supply of existing L Models, even if a new sample house is newly constructed on the same side of L Models;

2. F is an agreed amount to be transferred by the Defendant prior to the expiration of the lease term, and (F) if a L model voucher owned by the Defendant is used, an order shall be given to the Defendant for KRW 50 million (F). If a sample house is newly constructed and used on the land owned by the Defendant on the part of the Defendant, due to the lack of the L model voucher, the order will be given to the Defendant for KRW 50 million (FA).

3.This Agreement shall become effective by a written agreement of H Co., Ltd. which is a second business joint business operator of F.

The defendant shall pay the agreed amount under paragraph (2) to F immediately after the entry into force.

4. immediately after the effect of this Agreement takes effect, the F. the Defendant shall cease criminal and civil legal acts against the other party and withdraw any legal act in progress.

* By August 26, 2014, paragraph 3 becomes effective and simultaneously with F's model know-how and pay the amount referred to in paragraph 2.

On August 25, 2014, the defendant (person) (person) consents to the above contents.

By August 29, 2014, if the equipment and materials in the model house are not transferred until August 29, 2014, the Defendant consented to a voluntary disposition. On August 26, 2014, H (Representative R) Co., Ltd. 2) the Defendant delivered the instant model house to D without any restriction by August 25, 2014 (referring to the first lease agreement) to D for the Defendant to use the model house by August 26, 2014, the existing contract (referring to the first lease agreement) shall be valid, and if the Defendant fails to implement the contract within the above period, the agreement shall be null and void, and the above agreement shall be additionally paid KRW 30 million,000,000,000,000,000,000,000,000,000,000 won, which was paid by D to D to lessee, and the agreement shall be paid KRW 120,200,000,00.

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