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Reasons
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(영문) 대구지방법원 김천지원 2018.02.02 2017가합257
매매대금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the representative director of C Co., Ltd. (hereinafter “C”) was introduced to D on October 25, 2015, while he/she was in physical colored to purchase the goods listed in the attached list (hereinafter “instant machinery”) under another’s name.

The name of the above chief executive officer: C, Gu, Si E, and representative director shall be designated as his/her agent and shall delegate the following matters:

1. Concluding a contract for the sale of machinery between the original temperature and the defendant;

1. In selling and selling machinery between the original temperature and the defendant, a mandatary shall pay the full purchase price, and the defendant may not transfer it to a third party, and the authority in the machinery and equipment shall be vested in the mandatary;

1. All other delegates incidental to the above matters: the defendant;

B. On November 26, 2015, C entered into a contract with Orion Co., Ltd. (hereinafter “ Original temperature”) to purchase the instant machinery at KRW 676 million (including value-added tax) as the Defendant’s representative, and around that time, C was issued the power of attorney with the following contents by the Defendant:

C. On November 27, 2015, the Plaintiff borrowed KRW 200 million from F on November 30, 2015 in order to use the instant machinery to purchase the instant machinery. Around that time, the Plaintiff paid the purchase price to original temperature KRW 676 million, and thereafter the Defendant kept the instant machinery.

On December 2, 2015, the Plaintiff drafted a commitment to F with respect to the repayment of the said loan (hereinafter “instant commitment”) as follows:

The terms and conditions of the commitment: The Plaintiff, with respect to all the above contracts for the removal of the instant machinery and the sale of subsidiary materials, undertakes to F to implement the commitment as follows:

- - sound;

1. It shall be paid by December 16, 2015 the sum of KRW 200 million of principal and KRW 200 million of profit, 40 million, until December 16, 2015;

2. In the event that the above amount is not fulfilled, waivers of all the proceeds and rights relating to this case, and dated 2015.

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