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(영문) 서울중앙지방법원 2018.01.16 2017가단5032735
계약금반환등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, who was employed on March 3, 2006 in the Defendant company engaged in health and health management-related business, is the husband of C, the representative director of the Defendant company, and the person who was employed in the division of the Defendant company’s accounting division. The Plaintiff’s withdrawal from the Defendant company on July 5, 2016 does not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings in each of the items in subparagraph 1.

2. The parties' assertion

A. The Plaintiff’s assertion 1) On April 4, 2007, 2007, the Plaintiff terminated the instant agreement for the supply of well-known goods (hereinafter “the instant first agreement”) with the Defendant Company on April 4, 2007, and upon entering into an agreement for the supply of well-known goods, the Plaintiff may pay KRW 50 million to the Defendant Company, and request for early termination at any time after 24 months from the contract date. In such a case, the Defendant Company agreed to refund to the Plaintiff KRW 50,000,000 and the interest calculated by adding the average monthly interest rate to the respective annual interest rate for the water base every three years.

As the Plaintiff terminated the agreement in the middle of January 26, 2017, the Defendant Company is obligated to pay the Plaintiff KRW 50,000,000 and interest thereon. As such, the Defendant Company is obliged to pay the Plaintiff the amount of KRW 20,000,000 as an explicit partial claim and the interest thereon.

B) On March 5, 2012, Bohn on March 5, 2012, the instant second agreement on the supply of well-known goods (hereinafter “instant second agreement”).

On March 5, 2012, when the Plaintiff entered into an additional agreement with the Defendant Company for the supply of 10,000,000 won to the Defendant Company, the Defendant Company decided to deliver 250 parts of 250 to the Plaintiff for the five years after the completion of the instant agreement. As the Plaintiff cancelled the agreement on January 26, 2017, the Defendant Company is obligated to return 10,000,000 won to the Plaintiff and interest thereon. Accordingly, the Defendant Company is obligated to return to the Plaintiff some explicit claims.

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