계약금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's judgment on the defense of this case is proved to the purport that the lawsuit of this case against the defendant was unlawful against the principle of prohibition of re-instigation, since the plaintiff filed a lawsuit claiming the return of down payment under Seoul Southern District Court 2015Da18278 prior to the filing of the lawsuit of this case, and the lawsuit of this case against the defendant was concluded, and thus, the defendant cannot bring the same lawsuit (Article 267 (2) of the Civil Procedure Act). According to the records, the plaintiff's lawsuit claiming the return of down payment against the defendant prior to the filing of the lawsuit of this case against the defendant is concluded before the final judgment on the merits is rendered, so even if the plaintiff again filed the lawsuit of this case against the defendant, it shall not be deemed to violate the principle of prohibition of re-instigation.
The defendant's main defense is without merit.
2. Basic facts
A. On August 10, 2015, the Plaintiff entered into a contract with the Defendant to grant the Plaintiff the right to produce and supply exclusive products, such as clothes, straws, etc., made with op range facilities among the products, such as clothes, caps, etc., based on the official merchandise coupon possessed by the Defendant, and the Plaintiff shall pay 15 million won to the Defendant in return (hereinafter “instant contract”). On August 13, 2015, the Plaintiff transferred KRW 15 million to the account in the name of the Defendant.
B. On June 30, 2015, the Defendant entered into a contract with Yangyang L&C Co., Ltd. (hereinafter “Co.”), which has the authority to designate a person with the authority to make official goods of the “CS” official goods (hereinafter “Co., Ltd.”) to the effect that the players, etc. participating in the “CSSS” have the right to exclusively produce and sell all clothing, including mother and child, titts, etc., from the Defendant Company. However, the Defendant only lent 20 million won out of down payment 40 million won and paid them to others.