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(영문) 부산지방법원 2018.06.20 2017나8613
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 22, 2016, the Plaintiff entered into a contract on the transfer of the right (hereinafter “instant contract”) with the Defendant to acquire KRW 30,000,000 for premium payment, intermediate payment of KRW 10,000 on September 21, 2016, the remainder of KRW 10,000 for KRW 10,000 from the Defendant to the D Building at Kimhae-si and the International Language Academy operated under subparagraph 201 (hereinafter “EEI”) (hereinafter “instant contract”).

B. Since then, the Plaintiff paid KRW 10,000,000 to the Defendant on August 23, 2016, using the Plaintiff’s Busan Bank’s deposit account, respectively, and KRW 20,000,000 on September 28, 2016.

C. Meanwhile, around October 1, 2016, the Defendant transferred the business rights of the E International Language Academy to G and H, and operated the E International Language Academy by March 2017.

[Ground of recognition] Unsatisfy, Gap evidence 2, Gap evidence 5-1, Eul evidence 5, Eul evidence 5, testimony of party witness I

2. The parties' assertion and judgment

A. The gist of the parties' assertion was that the defendant did not transfer the goodwill of the E-U.S. E-U.S. to the plaintiff even though the plaintiff paid 30,000,000 won for the premium under the contract of this case to the defendant. Since the defendant's deceptions the plaintiff to acquire the premium, or obtained the premium only with or without compensation, the defendant asserts that the defendant is liable to refund the above 30,000,000 won and delay damages to the plaintiff with the refund of the purchase price.

As to this, the defendant asserts that the plaintiff's claim is unfair since the plaintiff finally renounced his right to KRW 30,000,000 paid to the defendant and the contract of this case between the defendant and the defendant around October 26, 2016.

B. According to the facts as seen earlier, the Plaintiff and the Defendant entered into the instant contract, and the Plaintiff paid 30,000,000 won for the premium set forth in the instant contract to the Defendant, but the Defendant did not transfer its goodwill to the Plaintiff.

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