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(영문) 수원지방법원 2017.08.09 2015가단106475
계약금반환
Text

1. Defendant B’s KRW 50,000,000 as well as 5% per annum from March 11, 2015 to August 9, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 2014, the Plaintiff was an employee engaged in gas delivery business. The Defendants were married couple, and around that time, were operating the said business under Defendant B’s name with permission for a liquefied petroleum gas sales business. However, the Plaintiff and Defendant C were engaged in the gas sales business and had been aware of for more than ten years.

B. Around October 2013, Nonparty F, G, H, and I et al., the operator of the E-regional gas retail store including Defendant C, made an agreement to jointly conduct a joint business by integrating gas retail stores operated by each person (tentatively referred to as “J”) (hereinafter “instant joint business agreement”). Around November 2013, H and I immediately withdrawn and jointly operated the said F, G, and Defendant C.

C. Around June 2014, the Plaintiff, upon the introduction of Defendant C, consulted on the purchase of one share out of the said J2 shares by the said FF. Before the contract date, a contract was non-existent on the wind that F would have no idea of selling the shares.

Then, Defendant C was able to obtain the Plaintiff’s share of Defendant B J 1, and following the Plaintiff’s response, the Plaintiff was operating the gas retail store under the name of Defendant B, as seen earlier, as seen in the first share of the said J 2.5 shares, between Defendant B and Defendant B on July 15, 2014, Defendant C entered into the instant joint business agreement under the name of Defendant B and carried out the shares to Defendant B under the name of Defendant B, but Defendant C was actually participating in the said joint business, and the instant sales agreement was also concluded by Defendant C.

The purchase price shall be KRW 120 million, and the down payment shall be KRW 50 million on the date of the contract, and the remainder 70 million on December 30, 2014 shall be paid, respectively, and the Defendant B shall succeed to the Plaintiff as one share after receiving the remainder payment on December 30, 2014, and the J shall pay the Plaintiff the remainder payment of KRW 50 million until the date of the remainder payment.

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