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Reasons
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(영문) 인천지방법원 2015.05.14 2014가합5995
계약금 및 1차 중도금 반환
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1. The defendant shall pay 1,575,317,00 won to the plaintiff and 20% per annum from May 29, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On May 11, 2011, the Plaintiff and the Plaintiff entered into the instant transfer/acquisition agreement and the OEM agreement. On May 11, 201, the products manufactured and sold by the Defendant between the Defendant and the Defendant (Scooren and Alcocks products; hereinafter “amount products”).

) PTPP (Scylene and Alcocks products, hereinafter referred to as “PTPP products”);

(i)the transfer/acquisition agreement to acquire all rights in manufacturing and selling business of KRW 5,626,13,000 (hereinafter referred to as “the transfer/acquisition agreement”) is called the transfer/acquisition agreement of this case.

(2) The Plaintiff and the Defendant agreed to pay the down payment amounting to KRW 562,613,00 on the day of the contract, the intermediate payment to KRW 562,613,00 on June 30, 201, the intermediate payment to KRW 20 on July 20, 201, the intermediate payment to KRW 30 on July 20, 201, the intermediate payment to KRW 1,012,704,00 on July 20, 2014, and the remainder to KRW 1,012,704,00 on July 20, 2015.

3) On May 11, 201, the Plaintiff paid the Defendant KRW 1,575,317,00 in total,00,00 for the first intermediate payment of KRW 1,012,704,00 on June 30, 201, which is on the day of the contract pursuant to the above agreement. Meanwhile, the Plaintiff and the Defendant produced products in relation to liquid products by the Defendant until the completion of the balance pursuant to the transfer agreement of this case, and supplied them by the method of OEM to the Plaintiff, and the Plaintiff should not themselves produce them, and the Defendant concluded an OEM agreement with the purport that it cannot produce and sell them other than the Plaintiff’s order.

B. 1) On July 15, 2011, the Defendant’s goodwill of the PTPP products manufactured and sold for the purpose of the Gu’s business for membership (hereinafter “PP business license”) to the Plaintiff.

(2) On July 20, 2011, the Plaintiff notified the Defendant on July 20, 2011 that the subject matter of the instant transfer and acquisition agreement included the PTPP business for the old business.

3. The defendant is again liable for damages incurred by the defendant on July 28, 2011.

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