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(영문) 수원지방법원안산지원 2020.09.09 2019가단1596
계약금 반환 등
Text

1. Defendant B Co., Ltd.: KRW 16,00,000 and 5% per annum from October 30, 2017 to September 9, 2020.

Reasons

1. On September 18, 2017, the Plaintiff entered into a contract with the Defendant Company B (hereinafter “Defendant Company”) on the following grounds: (a) the Plaintiff’s right to operate a stone in the E New Village, a prote store operated by the Defendant Company, from October 30, 2017 to October 29, 2019, with the effect that the Plaintiff exercises the right to operate a stone (hereinafter “instant contract”).

In the instant contract, the Plaintiff and the Defendant Company determined the deposit amount of KRW 30,000,00 for the Plaintiff to exercise the said goodwill, and the down payment of KRW 16,000,000 on the date of the contract, and the remainder of KRW 14,00,000 on October 30, 2017, respectively.

The Plaintiff paid 16,00,000 won to the Defendant Company on the day of the instant contract.

At the time of the instant contract, Defendant C was the auditor of the Defendant Company, and Defendant D was the internal director of the Defendant Company.

On October 2017, the Defendant Company entered into a contract with F police officers, with the content that F should exercise business rights on stones from the E new point of view.

F on October 19, 2017, F paid 20,000,000 won to the Defendant Company for the contract for the exercise of the above goodwill, and was engaged in business related to stones from October 30, 2017.

[Reasons for Recognition] A.1-1, 1-2, 2, 3, 11(=4), the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that the contract of this case was reversed by concluding a double contract with a third party on the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the

The Defendants shall jointly and severally pay to the Plaintiff a down payment of KRW 16,00,000 and KRW 16,000,000,000, in total, and damages for delay pursuant to Article 565(1) of the Civil Act.

B. Determination 1) In full view of the following circumstances acknowledged in accordance with the overall purport of the statements and arguments, the Defendant Company entered into a double contract with the Plaintiff and concluded double contracts without regard to the Plaintiff.

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