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(영문) 수원지방법원 2016.04.05 2015나27481

계약금반환

Text

1. Revocation of a judgment of the first instance;

The defendant shall pay to the plaintiff KRW 30,000,000 and to the plaintiff from March 3, 2015 to April 5, 2016.

Reasons

1. Basic facts

A. Status 1 of the parties to the case is the Plaintiff Company A (hereinafter “Plaintiff Company”).

A) From January 1, 2011, D, the representative of D, engaged in the business of “F” and operated each of the above companies by taking over “F” in addition to “F” around March 201. Around January 1, 201, D, a business entity of E, operated the said companies by taking over and operating “F” from “F”. On January 19, 2013, D, a business entity of “H” as a business entity on August 19, 2013.

3) On August 5, 2013, D established the Plaintiff Company in the same type of business as the same type of business, and closed F on October 1, 2013, Inc. G on December 31, 2013, respectively. 4) The Defendant is a person who mutually provides grain services, etc. in the name of “I” and “J”.

B. On February 19, 2014, the Defendant entered into a contract with the Defendant for the first purchase and sale of grain (hereinafter “first purchase and sale contract”) (hereinafter “first purchase and sale contract”).

A) The Defendant and C agreed to sell 20,500 won per 40 km (350 metric tons) of rice in the year 2013 (place of origin: Gyeonggi-do) owned by the Defendant and entered into this contract.

1. C pays 30 million won to the Defendant on the date of the contract, and the Defendant shall be regularly received.

2. The period for the transfer of grain shall be from March 3, 2014 to May 30, 2014;

3.C shall transfer the amount measured by the truck working day for the steering valley delivered by the Defendant.

6. When the defendant and C terminate this contract, the defendant shall compensate for the amount double of the down payment and C shall lose the down payment.

its key

Details are as follows:

2) C paid a down payment of KRW 30 million to the Defendant on the date of the conclusion of the first sale contract. C. The Defendant and the Plaintiff Company agreed to sell the Defendant’s rice of KRW 2013 (Country of Origin: Gyeonggi-do), which is owned by the Defendant, at KRW 60,500 per 40km ( approximately 350 tons), and that this contract is concluded.

1. The plaintiff company pays 30 million won to the defendant on the date of the contract, and the defendant shall receive it regularly.

2. The period for transferring and taking over grain shall be March 24, 2014;