선급금반환
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The deceased E (the deceased on December 23, 2013, hereinafter “the deceased”) is engaged in the wholesale business of scrap iron and waste goods, etc. in the name of “G” from F of the Geum-gu, Busan. The Plaintiffs are co-inheritors of the deceased.
(Plaintiff A’s wife, and the rest of the Plaintiffs are the deceased’s children). The Defendant is a person who has engaged in mechanical manufacturing, etc. with the trade name “H” in the same Dong.
B. Around September 9, 2007, the Deceased prepared a document (hereinafter “instant written confirmation”) stating that the Defendant would make an advance payment of KRW 91,700,000 (hereinafter “instant advance payment”) between the Defendant and the Defendant, and that the reimbursement should be made by weighing the deposit amount at the time of shipment of the scrap metal each month.
C. On May 2008, the Deceased received one of the E-Mati Cargo Vehicles owned by the Defendant (I; hereinafter “instant Cargo Vehicles”) from the Defendant from the Defendant, and the Plaintiffs are currently in possession.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5 (including satisfy number), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. 1) The Plaintiffs’ assertion 1) actually paid the Defendant the advance payment of KRW 91,70,000 to the Defendant as indicated in the instant confirmation document. However, the Defendant did not supply the scrap metal promised to the Deceased after the preparation of the said confirmation document, and the Deceased requested the Defendant to return the advance payment, and the Deceased received the instant cargo vehicle in order to secure its return. Therefore, the Defendant is liable to pay the instant advance payment and delay damages according to the inheritance share to the Plaintiffs who inherited the Deceased. 2) The Defendant’s argument written out without having actually paid advance payment.
After the preparation of the above certificate, the defendant.