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(영문) 수원지방법원 2020.01.30 2019나6208
계약금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of automobile detailed service business, etc.

Article 4 (Payment, etc. of Educational Expenses and Initial Goods Expenses)

1. A person wishing to act as an agent shall pay to the Company in lump sum 18,800,000 won as educational expenses and goods expenses at the same time as this contract is concluded;

Provided, That where it is inevitable to pay in lump sum, an amount equivalent to 20% of the above amount shall be paid at the time of concluding a contract, and the balance shall be paid as follows.

However, if a company provides information to an agency of installment financing, the total amount of installment financing shall be deposited into the company as part of the capital cost to be paid at the time of the contract.

4. At the time of the conclusion of this Agreement, the Company shall place an order for a mobile team straw and shall provide the Agency with the primary primary product(s) for the agency.

5.The agency may, prior to completion of the business entry training (five-day course), conclude or terminate this Agreement with respect to the company, and in this case no return shall be made for 30 per cent of the total contract deposit and of the primary products used.

B. On February 19, 2018, the Plaintiff and the Defendant concluded a business agreement and brand use contract (hereinafter “instant contract”) with the content that the Plaintiff becomes the Defendant’s agent in Suwon-si, Suwon-si, and provided the Defendant with the tax and luminous services and that the Defendant pays a certain amount of monthly fees. The main parts of the instant contract are as follows.

C. Meanwhile, the instant contract is used for purchasing KRW 12,00,000, out of the educational expenses and the first price for the goods of KRW 18,800,000 under Article 4(1) of the instant contract for the purpose of purchasing the detailed equipment necessary for the tea agency’s business. If a person wishing to operate an agency pursuant to Article 4(2) wishes to use the said equipment, the Defendant entered into an installment financing contract with the installment financing institution arranged by the Defendant for installment financing.

On February 19, 2018, the Plaintiff paid the Defendant KRW 8,000,00,00 as the above educational expenses and the goods cost.

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