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(영문) 제주지방법원 2018.05.17 2017가합10219
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Amount of a factual contract: 1,000,000,000 (one hundred million won) Plaintiff A shall pay the F goods as down payment, with the intention to take over five motor vehicles (five (five (five hundred million won) after the inventory inspection of goods), five (five (one (five (five (five hundred million won), freezing and mechanical goods (five) until December 31, 2016, and 100,000,000 won (one hundred million won);

(as soon as possible even before December 31). Matters of the special agreement

1. An article, the expiration date of which for identifying inventory articles, shall be excluded from the items to be acquired;

2. The assignee shall not be liable for any obligations incurred before the remainder date.

3. The transferor (Defendant) transferred the existing transaction office to the transferee (Plaintiff A).

The transferor shall introduce the existing transaction office in good faith to the transferee so that the transferee can continue to engage in the transaction and shall not engage in any speech or behavior that interferes with the transaction.

In addition, no goods of the same system shall be sold to the customer through the principal or the branch, nor the existing trading office shall be invaded.

A. On July 1, 2016, the Plaintiffs decided to purchase each of the instant real estate and ground buildings in the name of Plaintiff A, and the land and ground buildings in which “F” is located (hereinafter “instant real estate”) under the name of Plaintiff C and B, and concluded each of the following sales contracts with the Defendant:

(2) A real estate sales contract shall be indicated as the sales price of real estate E in the area E 806.63 square meters in the location of the pertinent land: The sales price of real estate is KRW 813 square meters in the area of 813 square meters in the location of the pertinent land; KRW 250,000,000 in the contract; KRW 250,000 in the amount of the down payment; KRW 250,000 in the amount of the down payment; KRW 250,000 in the amount of the down payment; and KRW 20,000 in the amount of the remainder

(b).

On the same day, the Plaintiffs paid the Defendant the sum of KRW 350,000,000.

C. On December 23, 2016, the Plaintiffs violated the Defendant’s obligation to refrain from engaging in competitive business under the instant contract for transfer of business rights, and the monthly sales during the process of entering into each of the instant contracts.

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