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(영문) 서울동부지방법원 2015.04.20 2014가단118643
출자금반환청구
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from April 21, 2015 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 2 and 3, the plaintiff and the defendant entered into a franchise sales agreement with the defendant on November 23, 2012 that he/she shall sell coffee franchises to the expressway resting until January 31, 2013 and transfer them to the plaintiff, and the plaintiff shall pay 60,000,000 won to the defendant. The plaintiff paid all 60,000,000 won under the above agreement until March 20, 2013, and the fact that the above contract has already expired is apparent in fact, and thus, the plaintiff has already acquired the right of rescission of the agreement of this case. Thus, the contract was lawfully cancelled on March 30, 2015, which included the plaintiff's expression of intent to cancel the above agreement. Thus, the agreement was lawfully delivered to the defendant on March 30, 2015.

Thus, the defendant is obligated to return the above 60,000,000 won, which was paid as the fulfillment of the above contract by the plaintiff as the restoration following the cancellation of the above contract, and to pay the amount at the rate of 20% per annum from April 21, 2015 to the day of full payment, as the plaintiff seeks, as the result of the decision of this case from April 21, 2015 to the day of full payment. Thus, the plaintiff's claim of this case seeking this amount is accepted for the reasons. It is decided as per Disposition.

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