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(영문) 대구지방법원 2015.09.04 2015가단4662

총판권대금및물품선수금반환

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1. The Defendants jointly share KRW 18,000,000 for each of the Plaintiffs and the same from May 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 23, 2014, the Plaintiffs entered into a mutual agreement with Defendant C, D, and the Defendant’s sale of “F”, and paid KRW 20,000,000 to the Defendants as the subscription fee on July 24, 2014, and KRW 10,753,050 on August 10, 2014 as the subscription fee, and KRW 5,262,950 on August 11, 2014 as the advance payment for the price for goods.

The provisions concerning the cancellation of a contract in the sales contract of this case are as follows.

Article 5 “A” means Defendant C and D, whose contract is rescinded.

(hereinafter the same shall apply)

“B” means the Plaintiffs, hereinafter the same shall apply) if either party falls under any of the following grounds, the other party may be notified in writing and the contract may be rescinded:

1 Before the expiration of the contract term, “A” and “B” may cancel this contract and claim compensation for damages at any time without giving prior written notice to each other, in the following cases:

(j) Where “A” receives an order from “B” and intentionally delays the order without justifiable grounds;

B. On December 3, 2014, Defendant E and the above Defendant agreed to pay the Plaintiffs totaling KRW 36,000,000,000 for the above subscription fee and advance payment for the amount of goods unless the goods are not delivered to the Plaintiffs by December 31, 2014 (hereinafter “instant agreement”).

C. After the conclusion of the instant sales contract, the duplicate of the instant complaint stating the purport of cancelling the instant sales contract was served on the Defendants on March 12, 2015 and May 23, 2015, as the said Defendants failed to be supplied with the goods.

[Based on recognition] Defendant C and D: Confession (Article 150(3) of the Civil Procedure Act)

2. According to the above facts of determination, at least the amount that the Defendants received from the Plaintiffs by December 31, 2014.