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(영문) 대구지방법원 2017.02.16 2015가단46987
계약금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 34,670,480 won and 5% per annum from July 14, 2015 to February 16, 2017.

Reasons

1. Basic facts

A. The Plaintiff agreed to jointly carry out the F Corporation with D (the husband of the representative director E) representing the Defendants, and the Plaintiff agreed to accept the assets of Defendant C.

B. On December 13, 2013, according to the above agreement, the Plaintiff deposited down payment in the account under the name of the representative director E, and KRW 5 million.

C. In accordance with the above agreement, the Plaintiff agreed to pay a loan interest of a financial institution in arrears and a public charge of KRW 5 million on December 27, 2013, the Plaintiff paid a total of KRW 44,670,480,000 to the Hanyang Saemaul Bank on January 7, 2014, KRW 1 million to the Korea Credit Guarantee Fund, KRW 1,349,550 on March 5, 2014, and KRW 252,000 on patent registration fees to the Korean Intellectual Property Office and KRW 1.5 million on January 16, 2015.

On July 11, 2014, D, representing the Plaintiff and the Defendants, concluded the following agreements (hereinafter “instant agreement”) with respect to the F Corporation and the acquisition of the Defendant C’s assets, and drafted the evidence No. 1 (Provided, That the date of preparation shall be January 20, 2014) as an agreement.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to determine the matters necessary for performing the construction work for Gap (the defendants) and Eul (the plaintiff) as the goods manufactured by Eul (the plaintiff).

Article 2 (Terms and Conditions of Contracts) (1), , , , product production, and construction works shall not transfer, undertake, nor be permitted to any other company with a business license, and shall exclusively produce and construct B.

(2) In principle, the price of the F Production and Construction Work in B shall be decided in cash.

(3) Net earnings shall be 1%, 2%, and 3%, and shall be notarized by Defendant C as 1,00,000.

(4) The Defendant C’s assets shall be sold to B according to the current market price.

(5) Matters concerning personnel expenses, claims, and debts of Defendant C until now shall be responsible and arranged by the relocating representative.

(6) The time limit and amount for this business right shall be limited, and 5 million won as a down payment shall be given priority to the E representative in cash in order to mutually trust in the F business.

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