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(영문) 서울고등법원 2016.08.26 2015나18109
계약금 및 1차 중도금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

(c)be taken over;

Article 2 [Subject to Transfer] The subject and scope of transfer and acquisition under this Agreement shall be as follows:

The details of the machinery and equipment of non-fixed assets of the amount classified by item 171,13,00 won in reference to the appraisal report of 171,13,00 won in total, 5,45,00,000 won in the business license appraisal report of business license 5,626,13,00 won in total * The machinery and equipment * the evidence and verification equipment * the equipment in full, and the balance shall be transferred to A in full.

Article 3 (Transfer and Receipt Payments)

2. Upon entering into a contract, A shall pay the down payment of 562,613,00 won (excluding value-added tax) at the time of entering into the contract, and upon completing the procedures set forth in Article 4, the remainder of 5,063,520 won shall be paid in installments by 2015.

On July 20, 2012, July 20, 2013, July 20, 2014, the payment date of the intermediate payment of the first second and fourth payments of the second and fourth payments of the intermediate payments, the payment date of July 20, 2015, the payment of 1,012,704 1,012,704 1,012,704,704 1,012,704, 7041,704 1,704, 1,7041,012, 012, 012,704 1,704, 704 1,704 1,704 1,704 * the first intermediate payment of the intermediate payment.

Article 4 [Implementation of Transfer Procedure] (Notification of the fact that the business rights have been transferred to A after the conclusion of the contract, and at the same time transfer of business rights, including rights to the existing trading agencies under Article 2, and implement all procedures necessary for business succession.

Article 5 [OEM Supply] “A” shall enter into an OEM supply contract with “A” immediately after this contract is concluded, and shall produce “A” and supply “A” for the supply of liquid products until the balance is completed, and in no case Eul shall produce and sell them except for the orders of “A”.

Article 6 [Cancellation of Contract] (1) Where the other party violates the provisions of a contract, A or B may terminate the contract without due process, and in such cases, the other party shall pay two times the down payment under Article 3.

(3) Article 5-.

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