(영문) 서울남부지방법원 2017.12.15 2017가합101707

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(영문) 서울남부지방법원 2017.12.15 2017가합101707

사업권양도대금 등

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) C refers to the goods of the Ethiopia and the Scooter (hereinafter “C goods”) in the Ethiopia-si in the Scoosu-si in the Scoosu-si of China

(2) The Plaintiff is a company established on April 26, 2016 to engage in the business of importing and selling C products from C from C, and was changed from “C” to the current trade name on November 8, 2016.

B. 1) On July 6, 2016, the Plaintiff entered into a contract with the Defendant on July 6, 2016, and the Plaintiff is a contract under which the Plaintiff is engaged in advisory activities to enable the Defendant to sell C products in Korea, and the Defendant pays the price to the Plaintiff in return (hereinafter “instant contract”).

The contract of this case was concluded. The Plaintiff and the Defendant concluded the following advisory agreements with respect to commercialization of goods in Korea of the Defendant C, and faithfully implement them. The purpose of this contract is to stipulate the rights and obligations between the parties to the contract necessary for the performance of the Plaintiff’s advisory activities on the premise that the Defendant executes the sales business in Korea of the goods in China of China through the performance of the Plaintiff’s advisory activities. Article 2 (Liability of the Plaintiff) is to perform the Defendant’s obligations with respect to the following:

1. Assistance in the Korean total sales contract of “C products”;

2. Support for the domestic term "C goods";

3. Support for implementation of projects for domestic sales of “C products”

4. Consultation on the development of goods, customs clearance, certification, KC certification, establishment of sales networks, establishment of service enterprises, business, marketing, etc. related to subparagraphs 1 through 3 above;

5. Transfer of domain names, fountains, and related assets in relation to the obligations of this Article, which have been acquired prior to the date of this contract.

1. The defendant shall pay KRW 100,000,000 in return for the fulfillment of the plaintiff's obligations under Article 2 subparagraph 5 of this Agreement (excluding surtax).

Provided, That the payment of down payment shall be ten days after the invoice is issued.

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