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(영문) 춘천지방법원원주지원 2020.11.24 2020가단819 (1)
근저당권말소등기등 청구
Text

The defendant shall register the original state branch of Chuncheon District Court with respect to the real estate stated in the attached list to the plaintiff and on February 5, 2018.

Reasons

1. Facts of recognition;

A. On March 20, 2018, the Plaintiff concluded the first transaction contract with the Defendant, a company supplying cosmetics for door-to-door sales (hereinafter “instant contract”). On July 9, 2019, the Plaintiff concluded a new contract with the following contents (hereinafter “instant contract”).

Article 1 (Purpose, etc. of Contracts)

2. The Plaintiff is a door-to-door seller as prescribed by the Door-to-Door Sales Act, and is not registered and engaged in mail order business.

3. The plaintiff does not supply the product to the mail order distributor and the Internet seller.

4. The Plaintiff does not distribute products supplied by the Defendant to online and mobile distribution.

5. In the case of violation of the above paragraphs (2) through (4), the Plaintiff shall pay 10 million won (hereinafter “instant penalty”) to the Defendant, and the Defendant may terminate the contract separately.

Article 2 (Goods for Trade Purposes) The products for trade purposes supplied by the Defendant and sold by the Plaintiff (hereinafter referred to as “products”) are products produced, sold and handled by the Defendant that the Defendant supplies to the Plaintiff and promotional products for sales activities.

Article 8 (Report on Business Registration Certificate and Visit and Sales Business)

2. After completing business registration, the Plaintiff shall report the sales business (including the sales business of functional health foods) and the visit sales business as prescribed in Article 2 to the competent authority.

3. The plaintiff must prepare a list of door-to-door salesmen and a purchase contract under the Door-to-Door Sales Act, and keep it in the office.

Article 9 (Deposit of Transaction Deposit)

1. Upon entering into this contract, the Plaintiff shall provide the cash set by the Defendant as a security deposit, or a real estate security or a surety insurance policy up to the limit of 40,000,000 won.

2. The defendant may appropriate the above security deposit to the preferential repayment of the claim or execute the real estate security or guaranty insurance policy within the limit of the amount of claim held against the plaintiff.

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