beta
Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On July 14, 2006, the Plaintiff entered into a contract for purchase and consignment sale (hereinafter “first contract”) with the Defendant, who operates Jinininsc, and paid KRW 126,821,832 to the Defendant on the same day. The content of the first contract is as follows.
Section 1 (Entrusted Sale), Article 1 of the Special Agreement, within five days from the date of the conclusion of the purchase contract (Won 126,821,832) on July 14, 2006, the purchase price of which is KRW 126,821,832, which is the day of July 14, 2006, shall be the best amount to be determined by our customers at the time of sale (the date of consignment sale) to the third party by the date on which five years have elapsed since the date of the conclusion of the purchase contract (the date of consignment sale).
The sale price shall be more than the purchase price ("purchase price") specified in attached Table 1 and the sales plan shall be notified to the customer in advance.
(hereinafter 3) The customer will pay to us an amount equivalent to 33% of the portion exceeding the purchase price from the sale price as commission fees (including additional dues).
(hereinafter omitted) Article 2 (Redemption of Party Party) ① If the Party does not sell or dispose of by the due date of the consignment sale pursuant to the criteria set out in Article 1, the customer may request the Party to repurchase from the due date of the consignment sale to the price (hereinafter referred to as “redemption price”) equivalent to 100% of the purchase price, for a period of two months from the due date of the consignment sale (hereinafter referred to as “the due date of repurchase”).
(hereinafter omitted) Article 6 (Custody) and 6 (Custody) shall be kept by us, and us shall make efforts to keep them in the optimal condition, and us shall bear the expenses relating to the custody of us.
(hereinafter referred to as "delivery") Article 7 (Delivery by Customer) (1) us set forth in Article 1.