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Reasons
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(영문) 수원지방법원 2019.01.24 2018나62249
매매대금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. On October 19, 2015, the Plaintiff and Defendant C, representing Defendant B, concluded a business license transfer agreement (hereinafter “the instant first contract”) with the Plaintiff to the effect that “the Plaintiff shall transfer the entire amount of the business rights and patents and design registration to Defendant B to Defendant B at KRW 180 million (the amount of KRW 40 million out of KRW 50 million until October 20, 2015, KRW 10 million until November 30, 2015, the intermediate payment of KRW 30 million until March 30, 2016, KRW 100 million until March 30, 2016, and KRW 100 million until November 30, 2016, the Plaintiff agreed to the effect that “the instant first contract shall be paid to the Plaintiff immediately after the transfer of the patent rights and intermediate payment,” and the proviso to Article 12 of the instant contract shall not be paid to the Plaintiff as the date of transfer of the patent rights and intermediate payment.”

B. On October 22, 2015, the Plaintiff registered the entire transfer of patent and design rights subject to the transfer of the instant first contract to Defendant B.

On the other hand, Defendant B paid only KRW 42.5 million among the down payment stipulated in the instant first contract to the Plaintiff, and did not pay the remainder KRW 7.5 million to the Plaintiff, intermediate payment, KRW 30 million, and the remainder KRW 100 million.

C. Accordingly, on July 10, 2016, the Plaintiff paid the Plaintiff a total of KRW 137,500,000 to the Plaintiff by July 30, 2016 for the smooth payment of the price of transfer as stipulated in the instant first contract. The Plaintiff concluded a contract with Defendant B to the effect that “The amount of KRW 13,500,000 shall be paid to the Plaintiff by July 30, 2016, KRW 10,000,000 up to September 30, 2016, KRW 20,000,000 up to April 30, 2017, KRW 10,000 up to June 30, 2017, KRW 30,000,000 up to April 30, 2018, and KRW 300,000,000 under the instant contract shall be paid to the Plaintiff up to 300,300,000.”

Article 4 of the contract of this case is "this contract."

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