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(영문) 서울중앙지방법원 2018.11.27 2018나23536
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this part of the underlying facts is the same as that for Article 420 of the Civil Procedure Act, and this part of the judgment of the court of first instance is cited.

2. The grounds for this Court’s assertion by the parties are as follows: (a) the grounds for this part of the judgment of the court of first instance are the same as the grounds for the second part of Article 420 of the Civil Procedure Act.

[However, the plaintiff asserted that the amount that the defendant is liable to pay to the plaintiff without changing the purport of the claim in this court is 114,16,670 won (i.e., 137,00,000 won that the plaintiff paid to the defendant x (36 months of agreement period - six months of business period) / contract period 36 months) / 36 months of agreement period).

In full view of the following circumstances, the defendant or the representative director of the defendant, who was found to have induced the plaintiff or the plaintiff's mother, was found to have taken into account the overall purport of each of the above evidences:

It is difficult to see that it has committed a tort such as conducting business affairs in violation of the good manager's care as a trustee or a trustee.

① The instant consignment contract shall allow the Plaintiff to operate a camera from part of “I” 132 square meters in size (23 square meters) at 132 square meters in size (23 square meters) of “I” store 4th floor E, which is leased and operated by Acon Factor, and the said car page sales amount.

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