beta
(영문) 서울중앙지방법원 2017.01.24 2015가합556413

대금반환청구

Text

1. The defendant stated on the "personal amount" column for each plaintiff in the attached Form 2 prize sheet to the plaintiffs, and the money so stated.

Reasons

1. The Plaintiffs asserted that the Defendant and the Defendant entered into an agreement on the supply of well-known goods with the view to providing the Plaintiffs with the well-known difference. According to the above supply agreement, the Plaintiffs may request the termination of the agreement and refund the price paid at any time after 24 months from the date of the contract.

Since the plaintiffs expressed their intent to terminate by serving a content-certified mail or a duplicate of the complaint of this case, the defendant must return the price received from the plaintiffs pursuant to the above supply agreement.

2. Determination

A. The facts of recognition 1) The Defendant is a company operating a universal import-sale business, etc., and C succeeded to C’s shares on August 17, 201 as the wife died on August 17, 2011 while holding and operating 100% of the Defendant’s shares. 2) The Plaintiffs concluded each of the following agreements on supply of well-known goods (hereinafter referred to as “instant supply agreement”) with the Defendant, with a view to: (a) the Defendant and the Defendant maintained a certain quantity of a show of show, and then deliver it to the Plaintiffs after the lapse of the period of care; and (b) distributing profits after the disposal thereof; and (c) the Defendant paid all the amount to the Defendant.

(3) The supply contract of this case is initially concluded with the defendant 1; 4. 1 K on March 30, 2007; 10,000 L on March 30, 2007; 10,000,000 on March 30, 2007; 10,000,000 on March 30, 207; 10,000,000 on March 10, 200, 10,000 on March 30, 207; 10,000, 00,005H on March 10, 200 on March 30, 200; 10,000 on May 12, 200, 200 on March 30, 200, 100 on March 30, 2007;