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(영문) 광주지방법원 2016.01.15 2014나2880
계약보증금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs in the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. Plaintiff A is a person who engages in wholesale and retail business of medical appliances with the trade name of F, and Plaintiff B is a person who engages in wholesale and retail business of medical appliances, etc. with the trade name of G.

Since 2004, the Defendant entered into a transactional relationship with the Plaintiffs, which is the repair company for diagnosis, while conducting a radiation safety management inspection as a company aimed at manufacturing radiation apparatus for diagnosis and wholesale and retail business.

B. At the time of September 19, 2006, the Defendant issued a total of 10,000 shares. Among them, E held 4,00 shares, H 2,00 shares, I held 2,00 shares, I 2,00 shares, and J 2,00 shares, and E was in charge of the Defendant’s representative director, and H was in charge of the business in Honam area as a business director.

E resigned from the defendant's representative director on May 28, 2009, and on August 8, 2012, the children of E retired from office as representative director.

C. At the time of September 28, 2006, the Plaintiffs remitted KRW 20,000,000 in total, each of the KRW 10,000,000, to E’s interest bank accounts, the representative director of the Defendant, at the time of the transfer.

On October 1, 2006, a regional management agent contract (hereinafter referred to as "the contract of this case") was prepared with the content that the plaintiffs conduct the diagnosis equipment and radiation safety management inspection on behalf of the plaintiffs, which was manufactured and imported by the defendant, and the contract of this case contains the signatures and seals of the plaintiffs and the seals of the defendants.

E. The main contents of the instant contract are as follows.

- Article 2 (Deposit for Contract) The Plaintiffs shall keep the Defendant in custody of each of the daily (total e.g.,00,000 won) worth as the contract bond.

- Article 8 (Termination of Contracts) The Defendant may terminate this Agreement on the grounds that it falls under any of the following subparagraphs:

(1) (2) When the contract term expires, (3) when the defendant considers that the contract cannot continue due to the defendant's reason, (4) when the defendant committed an unlawful or unjustifiable act, thereby damaging the defendant's honor and credit.

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