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(영문) 인천지방법원 2016.07.08 2015가합59784
예치금반환 청구의 소
Text

1. The Defendants jointly pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from December 19, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants participated in the project for the development of the Yeonsu-gu Incheon Island Korea National University (hereinafter “instant project”) under Article 155, Yeonsu-gu, Incheon.

B. On November 16, 2013, the Defendants concluded a service contract for the development of the filial duty industry and the sales agency service for the instant business, and the development of the filial duty industry renounced the above sales agency service contract.

C. On December 6, 2013, the Plaintiff entered into a sales agency service contract (hereinafter “instant sales agency service contract”) with the Defendants in the manner of replacing the development of the filial duty industry under the said sales agency service contract.

On the same day, the Plaintiff paid KRW 300 million to the Defendants with the purchase agency contract deposit (deposit).

around July 2014, the Defendants agreed with the persons related to the instant project, including the Incheon Free Economic Zone Authority, that the Defendants and the management trust company jointly establish a special purpose corporation to serve as the executor of the instant project. The Defendants are disqualified for the previous event, transferred all business rights to the said special purpose corporation, and only performed the role as the sales agent.

The Defendants lost their qualification as an executor and were unable to implement the instant sales agency service contract concluded with the Plaintiff. The Defendants expressed their intent to refuse to execute the instant sales agency contract to the effect that the Plaintiff could no longer perform the instant sales agency contract after transferring their business rights to the new executor.

E. The Plaintiff expressed his intent to cancel the instant sales agency contract on the grounds of the Defendants’ nonperformance of obligation by the delivery of the instant complaint.

[Reasons for recognition] Article 150(3) of the Civil Procedure Act provides only a written answer to the facts alleged by the Plaintiff as the cause of the claim while submitting a written answer seeking a decision to dismiss the claim.

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