계약금반환청구
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On September 6, 2016, Plaintiff A entered into a logistics contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which Plaintiff A entered the instant contract into between September 6, 2016 and September 5, 2017, stating that the volume of water used by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) required from the Defendant Co., Ltd. to transport, work, and transfer the volume of water used from September 6, 2016 to September 5, 2017 to the place designated by the Defendant Co., Ltd., and the Defendant Co., Ltd shall pay the transport charges agreed upon to the Plaintiff Co., Ltd. (hereinafter “instant one contract”). At the time of the conclusion of the said contract, Plaintiff Co., Ltd decided to pay the transport charges agreed to the Plaintiff
B. As of August 17, 2016, Plaintiff B entered the distribution contract between the Defendant Company and the Defendant Company with the content that the Defendant Company shall transport, work, and hand over the water volume requested by the Defendant Company to a place designated by the Defendant Company from August 17, 2016 to August 16, 2017 (hereinafter “instant two contracts”; the said contracts collectively referred to as “each of the instant contracts”); and the working hours at the time of the conclusion of the said contracts are at 5:0 a week and 8:30 a.m. working at 8:30 p.m.
(The plaintiff B’s actual work was performed at the request of the contract date). On the other hand, the special terms and conditions of the above logistics transport contract stipulate that “the contract cannot be withdrawn, and at least 23,000,000 won shall be paid at the time of the sale of the vehicle after entering 12 months.”
C. The Plaintiffs paid KRW 25,000,000 to Defendant D’s account, the representative of the Defendant Company, including vehicle acquisition price, and KRW 28,00,00 to Plaintiff B, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 4 and 5, the purport of the whole pleadings
2. The plaintiffs' assertion and judgment
A. The Defendants asserted 1: (a) operate one ton vehicle from 08:00 to 19:00; (b) vehicle acceptance amount to 28,00,000; (c) operation section to 2,70,000 won; and (d) operation section to 2,70,000 won.