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(영문) 수원지방법원 2015.09.18 2014가합72688

계약금반환 등

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 115,570,00 as well as its annual interest from January 5, 2015 to September 18, 2015.

Reasons

1. Basic facts

A. On October 20, 2014, the Plaintiff entered into a 200,000 won contract for the supply of the 2000 Formula 132,103,000 won (i.e., contract for the supply of the 2000 Formula 114,403,000 won (i.e., contract for the supply of the 2000 Formula 17,700,000) with the Defendant Company (hereinafter “Defendant Company”) which operates the manufacture and supply business of the 2000 Formula 132,103,00 won (i.e., contract for the supply of the 114,403,00 won E store 17,700,000 won) under the instant contract with the Defendant Company.

B. On October 21, 2014, the Plaintiff entered into a lease contract between Defendant C and Defendant C with a deposit of KRW 50,00,000,000 as to KRW 302, and the lease period of KRW 1,000 as to KRW 50,000 from December 1, 2014 to November 30, 2017 (hereinafter “instant lease contract”). On the same day, the Plaintiff paid KRW 50,000,000 to Defendant C at Defendant C’s request on October 24, 2014.

C. On October 20, 2014, the Defendant Company ordered KRW 77,178,400 to the solomon Technical Group Professional Engineer Office, among the instant contracts, with respect to the supply contract of the Doula 17,178,400 among the instant contracts, and H entered into an enforcement contract with respect to the Ebula 1,530,000 among the instant contracts, and paid KRW 16,530,000 as the down payment.

However, the Defendant Company did not register the franchise disclosure statement under the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) with the Fair Trade Commission.

E. On October 30, 2014, the Plaintiff issued a letter to the effect that the contract of this case is revoked to the Defendant Company, on the grounds that the Defendants were unaware of the Plaintiff by notifying the Defendants of false or exaggerated facts, and that the contract of this case is revoked to the Defendant C.