(영문) 대구지방법원 2017.12.14 2015가단127961

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자간(%)

(영문) 대구지방법원 2017.12.14 2015가단127961

매매대금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the representative director of the non-party C Co., Ltd. (hereinafter "C").

C Opening and operating “D” website (E). D is an Internet service that receives fees for ordinary persons who wish to take photographs to publicize and arrange the photographing company subscribed to as a member on the Internet and receive a promise to take photographs.

B. On May 21, 2013, the Plaintiff entered into a contract with the Defendant to have the Defendant manage and operate D contents at KRW 150,000,000 (hereinafter “instant contract”) on behalf of the Defendant for one year (hereinafter “instant contract”). On the date of the contract, the Plaintiff paid the down payment of KRW 50,000,000 on May 31, 2013, the intermediate payment of KRW 50,000,000,000, and the remainder of KRW 50,000,000 on June 15, 2013.

The contents of the instant contract are as follows.

(No. 1) 1. Content: The entire business content of the website of “D”.

2. Matters including: The current status, chain stores and affiliates, monthly sales, program management, and operation; and

4. The management and operation agency shall be prescribed by six months after the master book of content, and all systems defects and management expenses arising during the period of vicarious operation and other general matters shall be held by the defendant who is the seller;

Agency operation and management period: From June 1, 2013 to May 31, 2014

5. After May 31, 2013, the buyer shall pay the seller a fee of 50% in comparison with the sales to the seller only for the portion of the sales of the seller's business and the additional temporary suspension resulting from the temporary suspension of business which was closed, and the seller (C) within the operation and management period of the agency shall not proceed with the same photograph business with any related enterprise other than the buyer without the buyer's permission or consultation.

6. In the event that the seller has entered into the instant contract, he shall pay twice the amount of the down payment received to the buyer, and in the event that the buyer has entered into this contract, the down payment shall be null and void and shall not claim the return thereof.

7. The seller shall serve as a principal simultaneously with the conclusion of the contract.

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