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(영문) 서울중앙지방법원 2014.12.29 2014나25749
약정금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 29, 2013, the Plaintiff entered into an agreement with the Defendant on the entrustment of duties of a regional scholarship association (hereinafter “instant agreement”) with the following content.

Article 1 (Purpose of the Contract) This Agreement aims to determine all matters related to the work of the Regional Scholarship Association in order to expand the C Scholarship Association's business throughout the country, which is developed by Gap.

Article 7 (Payment of Deposits and Conclusion of Contracts)

1. Expenses incurred in opening the business of Eul shall be KRW 15,000,000 (in addition tax of KRW 15,000,000);

2. The remainder (6,00,000 won) of April 30, 2013 (60%) 30, 2013, a down payment (40%) agreed upon with the said total amount (60%) on May 6, 2013 (Article 9,00,000 won).

3.The deposited down payment shall be used as reserve funds such as retainers for production of salt, partner(D)(s) (0), marketing costs, and other reserve funds.

When the transaction is cancelled due to the circumstances of B, the amount deposited into the down payment shall be reverted to A in order to compensate for the damages of A, and B shall not request the return by consenting thereto.

Provided, That if a school or organization with a total of 5,00 members specified in the annexed agreement and a promise to implement the production of fish, B may request correction thereof, and if it is not corrected, the contract may be terminated, and the agreed down payment shall be refunded.

Annexed Agreement Form (attached Form)

1. The details of support at the time of the establishment of a scholarship association: Not more than five group fish displays (possibility of not more than 5,000 persons): the registration of collaborative companies with the headquarters of the business and support for production of fish free trade (the head office within 30 days from the date on which the balance is completed) - the support for five house signboards of scholarship members, name cards, leaflets, etc. (the headquarters of the business);

2. Additional C production and supply price: 500,000 won (excluding surtax);

3. Trusts other than cooperation points (based on 1000 persons belonging thereto), 50,000 won (based on additional dues separately).

B. The Plaintiff paid KRW 6 million to the Defendant on April 30, 2013, and KRW 9 million on May 10, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 2-1 and 2

2. The plaintiff alleged by the parties is stipulated in the agreement of this case by the defendant.

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