logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.04.30 2014가합10060
계약위반 및 투자금(물품대금) 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant C (hereinafter “Defendant C”) is a company that engages in the manufacture and sale business, etc. of water purifiers, and Defendant D is the representative director of the Defendant Company.

B. On December 10, 201, the Plaintiff, who operated a personal business in F, entered into an agreement with the Defendant Company B on the production and sale of coffees (hereinafter “instant agreement”). The main content of the agreement was ① the Plaintiff, having all the authority to sell in the Republic of Korea the coffees produced by the Defendant Company; ② the Defendant Company was in exclusive charge of the development and manufacture of products; ② the Defendant Company supplied 100 vehicles in early demand; ③ the Plaintiff paid the down payment of KRW 50 million out of the investment deposit and the remainder of KRW 350 million until January 31, 2012, and recovered the investment proceeds from the sale of products.

C. On January 9, 2012, the Plaintiff established G (hereinafter “G”) to carry out the business under the instant agreement and took office as an internal director. G still entered into a sales contract with the Defendant Company on January 2, 2012, which was subject to the instant agreement, for the sales of hydrogen and coffee so far as it was established. Accordingly, on January 4, 2012, the Defendant Company supplied 29 hydrogens to G from January 4, 2012 to March 14, 2012, and G entered into a sales agency agreement with G to sell hydrogens, such as sales of hydrogens (hereinafter “sale agency agreement”).

In order to perform the obligation to pay the investment amount under the instant agreement, the Plaintiff shall not exceed KRW 350 million with the Defendant Company in its own name and G name from December 21, 201 to February 22, 2012.

arrow