원상회복 등 청구의 소
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. Basic facts
A. On December 24, 2015, the Defendant operated a 10-year shopping mall website of the name of “C” (hereinafter “instant website”), and received KRW 12,000,000,000, out of the provisional contract deposit amount of KRW 12,000,000,000 between the Plaintiff and the Plaintiff, the contractor, the Plaintiff, and the contract deposit amount of KRW 40,000,00,000, the down payment shall be remitted to the contractor, and the trademark rights, Solus, and all relevant documents with respect to “C” shall be transferred to the contractor according to January 15, 2016, and the Plaintiff received KRW 12,00,000,00 in the name of the provisional contract deposit from the Plaintiff on the same day.
(hereinafter referred to as the "contract under the above provisional contract". B.
The Defendant’s employee in charge of entering into the instant provisional contract explained to the Plaintiff, before entering into the contract, that it is possible to advertise the dormant member among the members who subscribed to the instant website. On December 26, 2015, the Plaintiff confirmed that the advertisement using the dormant member’s information is legally prohibited, and notified the Defendant that he/she does not want to proceed with the contract any longer. On December 30, 2015, the Defendant notified the Defendant that he/she would return the provisional contract amount by content-certified mail until January 5, 2016.
C. The Defendant later transferred the instant website to a third party.
[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 7, 9 (including virtual number), Eul evidence 1, the purport of the whole pleadings
2. Assertion and determination
A. The summary of the Plaintiff’s assertion 1 is that the instant provisional contract reserved the right of rescission prior to the conclusion of the instant contract by either unilateral promise to purchase the instant website amounting to KRW 40,000,000, or by the payment of the balance, and the said provisional contract amount was paid on the premise that the said contract would not be concluded, and as such, the instant provisional contract was rescinded without the principal contract between the Plaintiff and the Defendant.