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(영문) 광주지방법원 2018.12.21 2018가단509647
보증금반환
Text

1. The claim of this case is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 14, 2011, the Defendant registered the wholesale and retail manufacturing business of basic petrochemicals, multi-purpose additives, etc. (hereinafter “instant F business”) with the trade name “F” in Gwangju Mine-gu C and D (Road Name Mine-gu, Gwangju).

B. On October 17, 2011, the Plaintiff and the Defendant concluded a multi-purpose fuel additives for gasoline vehicles supplied by “F” with the Plaintiff’s total sales contract under which the Plaintiff would exclusively sell the gasoline fuels in the Gwangju New District, Suwon District, and New District (hereinafter “instant total sales contract”).

The Plaintiff paid KRW 100,000,000 on the date of concluding the contract with the Defendant’s account as technical support expenses and deposit money under the instant total sales contract, and KRW 150,000,000 on November 1, 201, including the total amount of KRW 50,000,000 on the date of concluding the contract (hereinafter “instant deposit”).

C. Meanwhile, on the date of the conclusion of the instant sales contract, the Defendant’s father G issued a promissory note in KRW 150,000,000,000, which was the date of the payment of the Plaintiff on December 30, 2012. The Defendant, on behalf of all of the Plaintiff and G, drafted a notarized deed as No. 617 of the H law office 201 (hereinafter “notarial deed”).

G on November 11, 201, at the same address as the above “F”, established “stock company I” engaged in the wholesale and retail manufacturing business, such as the basic petrochemicals and multi-purpose additives, which are the same as F, and on November 14, 2011, G was charged with violating the Petroleum and Petroleum Substitute Fuel Business Act, and the Plaintiff did not receive fuel additives under the instant total sales contract after November 14, 201.

E. Meanwhile, upon the commencement of the auction procedure for the land site and the facilities related to the ground-based vehicles owned by G in Gwangju Mine-gu (hereinafter “instant real estate”), G asked the Plaintiff to be awarded a successful bid on the instant real estate as the scheduled intention for the automobile industry in the instant real estate.

The plaintiff accepted this and G is a notary public.

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