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(영문) 수원지방법원 2020.02.18 2019나3063
계약금반환
Text

1. To modify the first instance judgment. A.

The defendant shall pay to the plaintiff KRW 7,800,000 as well as to the plaintiff from August 17, 2018 to February 2020.

Reasons

1. On February 14, 2018, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant for the business of English online education-free stores. At the time, the Plaintiff: (a) concluded a provisional contract with the Defendant 20,602, trusting that the population of the female-Sin city is 20,602; and (b) deposited KRW 7,020,000,000,000,000,000,000 won

The above contract was concluded by mistake or by deception of the defendant.

In addition, since the defendant entered into a contract favorable to the defendant by taking advantage of the state of mental and physical disability of the plaintiff, the plaintiff must cancel the above contract and seek restitution.

2. Determination

A. The business type of the agreement for the commission of distribution management of the recognized facts (hereinafter “instant agreement”), the Plaintiff, and the Defendant: The date of the instant agreement for the branch of the D: The population verification on February 14, 2018: 20,602, 2), and 3) were written at the time of the contract.

Article 2. The business of “A” means the business of inviting and managing members of the D Programs on behalf of “B” in relation to online English education programs (hereinafter referred to as “subject services”) provided by “B” against its members and services utilizing such online English education programs (hereinafter referred to as “subject services”).

The project area of “A” under this Agreement is specified as follows:

District: To provide education and training prior to business activities in Article 4, Section 4, Dong-si.

2. “A” means the name of the car page (E) when establishing and operating a car page for the management of its members by using the NAV.

Article 16 (Immediate Termination) "B" or "A" may terminate this Agreement without delay where any of the following grounds for which it is impracticable to continue the Project occur:

If “B” or “B” becomes unable to carry on the project any longer due to a natural disaster, serious personal cause, etc., the spread of false information by “A” would impair the reputation or credit of “B” or divulge trade secrets or important information of “B”, thereby hindering the project.

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