(영문) 서울동부지방법원 2015.08.20 2014가단33957

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(영문) 서울동부지방법원 2015.08.20 2014가단33957

약정금반환

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Grounds for recognition;

A. The Plaintiff operates a branch company with the trade name called “D” operated by the Plaintiff’s attached C, and the Defendant, with the trade name “E”, operated a branch wholesale and paper foundation, etc., and closed the business on December 31, 2013.

B. On January 14, 2014, the Defendant received 35,000,000 won in return for the transfer, etc. of one of the instant machines used in “E” from the Plaintiff. Around that time, C received a written statement from the Defendant, and thereafter, the Defendant returned KRW 4,00,000 to the Plaintiff without delivering the said one of the machinery.

“E”’s goodwill and delivery rights are entirely transferred to “D”, and all legal responsibilities are imposed in the event of infringement of the above goodwill and delivery rights. The purport of the entire pleadings is as follows: (a) there is no dispute; (b) there is no ground for recognition; (c) A; (d) No. 2, 3-1, 3-2; and (c) No. 1-1, 1

2. The assertion and judgment

A. 1) The parties’ assertion that the Defendant’s claim for revocation due to deception was made by deception, that the Defendant would have the Chosun Daily Co., Ltd., Ltd., which was traded with E (hereinafter “C”) and the Dong Daily Co., Ltd., Ltd. (hereinafter “Dong Daily”) maintain transaction with D, and that the Plaintiff would pay the Defendant the said KRW 35,000,000 in return.

However, the fact that the Defendant had already reported the closure of the business of “E” and was unable to issue a tax invoice even if he could not issue the tax invoice even after receiving a request for the supply of goods from the Shipbuilding and the East Asia.

Nevertheless, the Defendant did not notify the Plaintiff of the fact that it closed down the “E” and that it was not capable of maintaining the transaction relationship between the Plaintiff, the Shipbuilding, and the Dominian. Therefore, the said agreement is revoked based on the declaration of intention by deception.

B. The Plaintiff agreed that the Defendant shall have the Plaintiff maintain the transaction with the Chosun Shipbuilding and the East Asia, and the Plaintiff shall be the Defendant as above 35,000.

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