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(영문) 서울남부지방법원 2018.06.05 2018가단204163
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2016, the Plaintiff and the Defendant entered into a sales contract under which the Defendant would supply the Plaintiff with products, such as environment-friendly cleaning agents (Tlousescing agents and violent removal agents), and the Plaintiff delivered KRW 20 million to the Defendant as the agency goods price. The outlined supply amount of the product was set at KRW 9,000.

B. The Defendant was supplied with 400 eco-friendlinesss from the Plaintiff.

C. The Plaintiff additionally paid KRW 10 million to the Defendant on November 30, 2016, and KRW 30 million on January 3, 2017.

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

2. The plaintiff's assertion and judgment

A. At the time of entering into a general sales contract with the Defendant, the Plaintiff did not perform the agreement by the Defendant to transfer his business partners to the Plaintiff. This constitutes the Defendant’s nonperformance of obligation and thus the contract is rescinded.

In addition, the defendant did not intend to transfer the transaction partner from the beginning, thereby deceiving the plaintiff, and the plaintiff shall cancel the total sales contract on the grounds of fraud or mistake.

Therefore, among the total sales price paid to the Defendant, the Plaintiff is obligated to pay 3.6 million won (i.e., 400 won x 90 million won) remaining after deducting the amount supplied by the Plaintiff (i.e., 5., 6.6 million won and delay damages.

B. In light of the following: (a) whether the Defendant agreed to transfer the transaction partner at the time of the instant sales contract to the Plaintiff; and (b) whether there was no indication of the agreement on the sales contract; and (c) there is insufficient evidence to acknowledge the agreement solely based on the evidence Nos. 2 and 4; and (d) there is no other evidence to acknowledge

Therefore, the prior plaintiff's assertion of rescission or cancellation of the contract is without merit.

3. The plaintiff's claim for the conclusion is dismissed as it is without merit.

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