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(영문) 대구지방법원 2018.01.17 2017나2418
해약금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 19, 2006, the Plaintiff entered into a mutual agreement between the new video group (hereinafter “new video group”) and the Plaintiff (hereinafter “new video group”) with “the Plaintiff’s monthly payment of KRW 67,000 for five years, while the new video group entered into a mutual agreement between the Plaintiff and the Plaintiff regarding the provision of goods and services related to the exercise of family rites” (hereinafter “instant mutual agreement”).

B. From October 2006 to October 2010, the Plaintiff paid monthly payment of KRW 3,283,000 to a new image group in total.

C. On July 5, 2011, a mutual aid agreement entered into between a new image and a fashion (hereinafter “instant mutual aid agreement”) with the following content (hereinafter “instant mutual aid agreement”).

In addition to the document attached to the above transfer contract, the agreement of this case between the plaintiff and the new image group is stated.

1. New video tanks shall hand over all rights and obligations under a separate agreement by publication, and shall accept the fashion award;

2. On or after February 28, 2011, the mutual aid deposits shall be the right to collect the mutual aid benefits and to collect them.

3. This Agreement shall apply retroactively from February 28, 201.

4. Omitted.

D. The Plaintiff paid KRW 750,000,000 in total over 12 occasions from November 25, 201 to October 201, 201, to the par value list.

E. On August 10, 2012, the Defendant entered into the “Agreement on the Management of Members Information” (hereinafter “instant Work Agreement”).

The main contents of the instant business agreement are as follows.

The defendant shall cooperate in entering into a new mutual aid agreement with the members of the relevant mutual aid association by concluding the following business agreement for transferring the management of members of the members of the relevant mutual aid association:

Article 1. The defendant and the failure assistance for the purpose of the Work Convention are to enter into this work agreement in order to relieve the damage of the upper members, and the failure assistance shall be carried out for his upper members.

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