매매대금반환
1. Defendant D shall pay to the Plaintiff KRW 85 million and the interest rate of KRW 15 percent per annum from January 25, 2017 to the day of full payment.
1. Facts of recognition;
A. Defendant D, along with Defendant B and C, operates a supply agency (trade name: F) that supplies agricultural products of Defendant B and E, which are parents, to Nonghyup.
Since Defendant B is a bad credit holder, F's business registration is in the name of Defendant D.
B. On November 10, 2016, the Plaintiff purchased the Plaintiff’s power of attorney from Defendant D with respect to nine enterprises, including E, at KRW 85 million. Defendant D entered into a sales contract to transfer the supply agency status to the Plaintiff by December 1, 2016.
(hereinafter “instant sales contract”). C.
On November 14, 2016, the Plaintiff paid KRW 40 million to Defendant D on the date of the instant sales contract, and KRW 34 million to Defendant D on November 30, 2016.
On or before December 26, 2016, the Plaintiff’s instant sales contract was rescinded on the grounds that the agreement was not implemented at the time of transferring the agency to the Defendants by December 1, 2016.
The notification was made to the effect that “.....”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, and 9, the purport of the whole pleadings
2. The assertion and judgment
A. As to the contracting parties, the Plaintiff asserts that “The preparation of the instant sales contract is jointly carried out by Defendant D, or the Defendants jointly operate F, so the Defendants are the actual parties of the instant sales contract.” Accordingly, the Defendants asserted that “Defendant B is the party to the instant sales contract.” 2) Generally, who is the party to the contract is the party to the instant sales contract, constitutes a matter of interpreting the intent of the party involved in the contract.
The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and in the event that the contents of any contract are written between the parties as a disposal document, it is not subject to the phrase used in the document, but is only the core intention of the parties.