(영문) 대구지방법원서부지원 2016.08.18 2014가단9018

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(영문) 대구지방법원서부지원 2016.08.18 2014가단9018

물품해약금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 23,734,60 and the interest rate thereon from April 22, 2013 to the date of full payment.

Reasons

1. Basic facts

A. From November 201 to March 2012, the Plaintiff agreed with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to purchase the Defendant Company’s product (hereinafter “instant purchase agreement”), and paid KRW 63,556,000 (cash 50,801,000 in cash) in total to the Defendant Company as purchase price.

B. The Defendant Company supplied the Plaintiff with the product amounting to KRW 39,821,400 converted on the basis of class, etc., and did not supply the product amounting to the remaining purchase price.

C. On April 17, 2013, the Plaintiff expressed in writing to the Defendant Company the intent to withdraw an application for the instant purchase agreement, and the said written intent reached the Defendant Company on April 18, 2013.

Defendant C was the representative director of the Defendant Company at that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 13 through 17, Eul evidence Nos. 1, 6, 10, 11 (including each number), and the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary argument was that the Plaintiff withdrawn the offer of the instant purchase contract concluded by multi-level marketing. As such, the Defendant Company is obligated to pay the Plaintiff the purchase price of KRW 42,437,500 (the purchase price of KRW 63,571,000 - the goods received 21,133,500) and damages for delay. The Defendant C, as the representative director of the Defendant Company, is jointly obligated to return the purchase price to the Defendant Company.

B. Preliminary assertion C suffered damages equivalent to the purchase price of KRW 42,437,500 from the Plaintiff for illegal multi-stage business, and the Defendant Company is the employer of Defendant C, and the Defendants are liable to pay damages equivalent to the purchase price and damages for delay to the Plaintiff.

3. Determination

A. We examine the Defendant Company as to the primary argument. The instant purchase contract is supplied by the Plaintiff.

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