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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Conclusion of an agency contract and establishment of a pledge right (1) The Defendant is a company that manufactures and sells student uniforms with a trademark “E”, which takes over the business of manufacturing and selling student uniforms from F Co., Ltd. (F Co., Ltd. on November 27, 2012).
(2) On November 1, 2013, A Co., Ltd. (hereinafter referred to as “A”) entered into a contract with the Defendant to sell “E” student uniforms with the Defendant.
(3) On January 3, 2014, the Plaintiff, as an auditor of A, set up a pledge on the deposit claim of KRW 100 million in his name in the FF Company in order to secure the obligation arising under the above agency contract.
(hereinafter “instant pledge”). B.
(1) On September 26, 2014, A agreed to terminate the agency contract with the defendant, and drafted a termination agreement containing the following contents:
Article 2 (Confirmation of Claims and Obligations and Performance)
1. Eul (A)’s obligation to be paid to Gap (hereinafter “Defendant”) shall be determined as KRW 169,672,910,000,000 (169,672,910) per annum as of August 31, 2014, and Eul shall deposit and make payment to Gap’s account designated on September 26, 2014. If the payment is delayed, it shall be paid in addition to interest in arrears at 20% per annum from September 27, 2014 until the date of payment.
2. On or after September 1, 2014, the amount of money that was not indicated on the sales term table, such as the goods and supplies ordered by Eul (the portion not listed on the tax invoice) shall be deposited to Eul immediately after the relevant tax invoice was issued by Eul, and the amount shall be deposited to Eul, and the interest rate of 20% per annum shall be added to the interest rate of 20% per annum until the date of deposit in the City of non-performance, and deposited to the account of Gap designated by Gap.
Article 9 (Removal of Various Smart Packagings, etc.)
1. Eul shall be 10 days after September 26, 2014.