(영문) 수원지방법원성남지원 2014.10.28 2013가합203648

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(영문) 수원지방법원성남지원 2014.10.28 2013가합203648

계약해제로 인한 원상회복 청구 등

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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 101,00,000 and the interest rate thereon from October 12, 2013 to the day of full payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1, 3 through 6 (including paper numbers) and Eul evidence Nos. 11 and Eul evidence Nos. 11 as to the plaintiff's claim against the defendant company, the plaintiff entered into a high delivery contract (hereinafter "the supply contract of this case") with the actual manager D of the defendant Eul Co., Ltd. (hereinafter "the defendant company") around March 2007, stating that "the defendant company imports high trends from China with the plaintiff's advance payment and supplies them to the plaintiff" (hereinafter "the defendant company of this case"). ② The plaintiff paid the estimated amount of KRW 476,730,000 in total from December 28, 2007 to May 16, 2008, the defendant company did not deliver the above estimated amount of KRW 32 times.

On the other hand, the fact that the copy of the complaint of this case containing the purport of cancelling the contract of the plaintiff after giving the notice of performance to the defendant company was delivered to the defendant company on October 11, 2013 is apparent in the record.

According to the above facts, it is reasonable to view that the instant supply contract between the Plaintiff and the Defendant Company was lawfully rescinded. As such, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 101,00,000,000, which is part of the restitution amount due to the cancellation of the contract, and the damages for delay calculated at the rate of 20% per annum from October 12, 2013 to the date of full payment, as the Plaintiff seeks.

2. Determination as to the Plaintiff’s claim against Defendant C

A. The Plaintiff asserts that the Defendant C, even though there was no intention or ability to deliver the trend of fraud, acquired the above trend price by deceiving the Plaintiff, and sought damages against the said Defendant for the above KRW 476,730,000.

There is no evidence to prove that Defendant C had committed deception against the Plaintiff.

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