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(영문) 수원지방법원 2015.08.25 2014가단58869
계약금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) Defendant B was preparing for camping car rental business in Young-si, Young-si D. However, the Plaintiff introduced Defendant C through Defendant B to inquire about the procedures necessary for camping car purchase.

(2) Defendant C, while preparing for camping car rental business on behalf of the Plaintiff, imported 13 vehicles from the United States through Nonparty E, an importer, and established 10 vehicles among them at a camping site operated by Defendant B after completing import clearance procedures. The remaining three vehicles are currently being in transport at the same time. Of April 2014, Defendant C concluded a contract that the Plaintiff purchases 36 million won per total of KRW 18 million per 3,6 million for a vegementt camping car (hereinafter “the first sale contract”), and Defendant B agreed to import her new model with the said new purchase price.

(3) On April 25, 2014, the Plaintiff transferred KRW 30 million to Defendant C who vicariously performed the duties of Defendant B according to the first sales contract.

(4) After that, the Plaintiff entered into a contract to purchase 120 million won per 100 million won per new type of camping car through E (hereinafter “the second sales contract”). However, the Plaintiff’s financial standing is not good, and the second sales contract failed to pay 100 million won to E as advance payment pursuant to the second sales contract.

(5) Upon the occurrence of the second sale contract, the Defendant C notified the Plaintiff that the import procedure for the new type of camping car 3, which the Plaintiff intended to import through E on his behalf, was also suspended, and that the Plaintiff was to establish a campaign site in which the Plaintiff intended to purchase from the Defendant B according to the first sale contract.

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