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(영문) 서울중앙지방법원 2019.05.22 2017가합579717

투자금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an official hospitalization of the Republic of Korea in the French brand “C”, and the Plaintiff is a company supplied with C’s Sglass (hereinafter “C’s Sglass”) from the Defendant and sold to consumers.

B. On August 12, 2016, the Plaintiff entered into a sales contract with the Defendant (hereinafter “first sales contract”) and paid KRW 1,112,50,000 to the Defendant from August 12, 2016 to April 18, 2017. From February 1, 2017 to May 2, 2017, the Plaintiff supplied the Defendant with approximately KRW 67,00,00, as shown in Table 1’s “first sales contract.”

Since then, on October 14, 2016 and February 14, 2017, the Plaintiff entered into a sales contract with the Defendant (hereinafter “second sales contract”) and received KRW 577,500,000 from October 4, 2016 to April 17, 2017 from the Defendant for the payment of KRW 577,50,000 to the Defendant, as indicated in the following Table 1, from February 1, 2017 to July 11, 2017:

[1] The first sale contract No. 2 of this case 30,00 color model 70, 10,00 rab 8,500 lub 10,000 E 2017-03-28 2,000 Flub 5,000 rab 2,000 rab 3,000 rab 3,000 rab 3,000 lub 3,000 G 207-07-07, 07-07-11 3,600 1,600 lub 2,600 lub 3,600 lub 30,600 lub 1,600 lub 1,800 lub 900 lub 2,80 lub 90 lub 200 lub 207 Hab 200 Hab 207

C. On March 2017, the Plaintiff entered into an agreement with the Defendant on the following terms, instead of an existing sale method: “Around March 2017, the Plaintiff sold the Plaintiff’s ownership under the reservation of the ownership of the license.”