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Reasons
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(영문) 인천지방법원 2016.08.04 2015가단62943
보증금반환 등
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20,000,000 and the interest thereon from February 2, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who sells medical appliances with the trade name “E” located in Seodaemun-gu Seoul Metropolitan Government D.

B. The Defendants are those engaged in the medical device delivery business in the name of “G” in Gyeyang-gu Incheon City, and Defendant B is the business owner of “G”, and Defendant C is the actual manager of “G” with Defendant B’s reference.

C. On July 15, 2014, the Plaintiff entered into a medical device agency contract (hereinafter “instant agency contract”) with the Defendants, which is supplied by the Defendants. The main content of the agency contract is as follows.

Article 5 The term of the contract shall be from July 15, 2014 to December 31, 2019, and the term of the contract may be extended automatically by one year after mutual consultation when "A (G)" and "E (E)" implement the terms of the contract.

Article 10 "B" shall be paid to "A" KRW 60,000,000 as a contract bond.

Provided, That the contract bond (other agency local sales, price column, etc.) shall not be refunded, and the above amount shall be paid at the request of "B" when cancelling the agency contract at the request of "B".

Each year from July 15, 2015 to July 15, 2018, after payment of KRW 20,000,000 at the time of a contract, and the balance of KRW 40,000,000 each year;

7.15. Deposits. The full amount (40,000,000) shall be deposited in a city with a large difference (agency).

Article 12 In the case of a special agreement between "A" and "B", it shall prevail over this Agreement.

At the time of the instant agency contract, the Plaintiff paid the Defendants the contract deposit of KRW 20,000,000 to the Defendants. Defendant C sent to the Plaintiff the special terms and conditions of the said agency contract on July 16, 2014. The main contents related to the contract deposit are as follows.

4. (2) At the time of waiver of the agency before the end of the contract.

E. The Plaintiff on February 25, 2015.

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