(영문) 창원지방법원마산지원 2019.07.18 2018가단102549

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(영문) 창원지방법원마산지원 2019.07.18 2018가단102549

기타(금전)

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1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 5, 2016, the Plaintiff entered into a contract for the transfer and acquisition of the instant store from the Defendants to acquire KRW 500,000,00 (hereinafter “instant transfer and acquisition contract”) between the Defendants and the Defendants, who operated the E-Ba store from the Changwon-si, Changwon-si (hereinafter “instant store”).

B. On February 19, 2016, the Plaintiff paid the Defendants KRW 250,00,000,000 as the acquisition price for the instant store under the instant transfer contract, and KRW 50,000,000 on March 5, 2016, and KRW 50,000 on March 24, 2016, and KRW 150,000,000 on March 31, 2016.

C. After that, the Plaintiff and the Defendants agreed to cancel the transfer/acquisition agreement of this case (hereinafter “instant contract”) and agreed to transfer the amount of restitution to be returned to the Plaintiff by the Defendants from KRW 250,000,000 to KRW 215,00,000, which was reduced from KRW 35,000. The Defendants signed a contract with F on January 22, 2017, to transfer the instant store to F amount of KRW 35,000,000, which was less than KRW 365,000,000, which was less than KRW 500,000,000.

F has been transferred to the right to operate the instant store on May 2017, and on June 1, 2017, the F completed the business registration in the name of F for the instant store.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. As to the claim for restitution pursuant to the instant termination contract

A. The summary of the parties’ assertion 1 Plaintiff and the Defendants set the amount to be returned to the Plaintiff as KRW 215,00,000,000, which is less than KRW 250,000,000, which was paid by the Plaintiff to the Defendants under the agreement rescission contract of this case. However, this condition is that the Defendants shall immediately return the amount to be returned to the Plaintiff as soon as they received the purchase price of the store of this case from F

Nevertheless, even if the Defendants received the subscription price from F, they are immediately said money.

유사 판례

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