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(영문) 제주지방법원 2015.01.08 2014가합211
약정금등
Text

1. The Defendants: (a) each Plaintiff KRW 350,00,000; and (b) Defendant B Co., Ltd. from February 22, 2014; and (c) Defendant.

Reasons

1. Basic facts

A. On October 20, 2009, Defendant B (hereinafter “Defendant B”) entered into a contract for special agencies related to Franchisive Trade PG (hereinafter “F supply contract”) with the Plaintiff on November 6, 2009 with the content that Defendant B would transfer 50 million won of the rights held by Defendant B under the instant special agency contract with the Plaintiff on November 6, 2009 (hereinafter “instant contract”).

On the other hand, the main contents of the payment are as follows.

Article 3 of the Business Transfer and Receipt Contract

A. The Plaintiff shall pay a sum of KRW 500 million to Defendant B as the acquisition price under this contract, and at the same time, the amount of KRW 300 million out of the remainder KRW 200 million shall be paid within 30 days, respectively, and the remainder KRW 150 million shall be paid as the bonds on the good taxation of a limited partnership company.

B. Under the instant contract, the Plaintiff paid to Defendant B KRW 30 million on Nov. 6, 2009, KRW 50 million on Nov. 25, 2009, and KRW 350 million on Nov. 25, 2009 (= KRW 350 million).

C. On June 13, 2013, the Plaintiff sent to the Defendants a peremptory notice demanding payment of KRW 350 million on the ground that the instant special agency contract was impossible to perform, and the said peremptory notice reached the Defendants on the same day.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 8, Eul 1 through 3 (including each number), the witness G testimony, and the purport of whole pleadings

2. The plaintiff's assertion

A. The instant contract was impossible to realize its purpose due to the circumstance that filial trade has discontinued its business related to the instant special agency contract itself.

On November 6, 2009, the Plaintiff agreed with Defendant B to return the amount received from the Plaintiff when the instant contract is terminated.

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