선급금 반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The gist of the plaintiffs' assertion is as follows, as part of the balance in which scrap metal, etc. has not been supplied among each advance payment, the defendant is obligated to pay to the plaintiff A 57 million won, the plaintiff B 16.95 million won, and the plaintiff C 10 million won, and damages for delay for each of the above advance payment.
Plaintiff
B. C operates a personal enterprise engaged in the collection, processing, and supply of each scrap metal and non-ferrous metal, and the Plaintiff A is the heir of D (hereinafter referred to as “the deceased”).
B. The deceased, the plaintiff B, and the plaintiff C were supplied with scrap metal, etc. that they were removed from the Korea Electric Power Corporation's headquarters in Gwangju Electric Power Corporation (hereinafter "E"), and the deceased was supplied with KRW 570 million for the deceased, the plaintiff B, and the plaintiff C did not receive goods, such as scrap metal equivalent to KRW 169.5 million for the deceased, and the plaintiff C was not supplied for the advance payment.
C. However, the Defendant obtained permission for interim recycling business using the location of the recycling facility as the location of the recycling facility, and the representative director F, and the director H operated E in the position of the “Defendant G Director” and the “Defendant I Business Director”. Since the Deceased, the Plaintiff B, and C, trusted the Defendant’s factory, they paid the advance of KRW 00 million, they are not the parties to the contract for the supply of goods, such as the above scrap metal entered into by the Deceased, Plaintiff B, and C, but the Defendant.
Even if the Defendant is not a party to the above goods supply contract, the Defendant approved or allowed the use of the above positions of F and H, and most of the advance payments paid by the Deceased, Plaintiff B and C were remitted to the Defendant, and the Defendant permitted the Defendant to operate the “Defendant Asan Factory” with the trade name “Defendant Asan Factory” under the name of the Defendant, such as obtaining permission for the intermediate recycling business.
2. Determination
A. We examine whether the defendant is a party to the above goods supply contract, Gap evidence Nos. 4, 11 through 15, Eul evidence No. 4-1 to 4. The whole pleadings are made.