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Reasons
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(영문) 대전지방법원 2016.07.01 2015가단7098
부당이득금반환
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1. The Defendant’s KRW 56,158,440 for the Plaintiff and KRW 6% per annum from March 13, 2015 to July 1, 2016.

Reasons

1. Facts of recognition;

A. A. Around January 26, 2013, the Defendant decided to transfer the tasks within the Cart located in Chungcheong City (hereinafter “C store”) between the Plaintiff and the Plaintiff at KRW 120 million. The Plaintiff paid KRW 50 million out of the transfer price to the Defendant.

B. The Plaintiff registered his/her business under his/her name with respect to C burial, and reported the discontinuance of C burial business on May 2013.

C. On May 16, 2013, the Plaintiff and the Defendant removed the production and equipment used in C burial. On May 16, 2013, the Plaintiff and the Defendant set the transfer price of KRW 80,000,000, and the Defendant transferred the production and equipment of C burial (hereinafter “D store”) to the Defendant, and drafted a written contract under which the Plaintiff transferred the production and equipment of C burial to the Defendant without compensation.

D Business registration was made in the future E, the defendant's seat, but the plaintiff was operated in the D store from June 1, 2013 to November 2014.

E. After the Plaintiff’s suspension of the D store’s business at the end of November 2014, F entered into a contract with the Defendant for the acquisition of the D store and carried out the tasks in the said store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. In order for the rescission of a contract to be agreed upon, as in the case of a general contract, the requirement is that the opposite expression of intent, which is the offer and acceptance of the contract, is agreed. However, the rescission of the contract may be implicitly and explicitly made as well as explicitly, so if the lack or renunciation of the intent of both parties after the contract accords objectively with the intent expressed by both parties, it shall be interpreted that the contract was rescinded implicitly by the agreement of both parties, which is not realized.

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