청구이의
The defendant's judgment against the plaintiff was based on the order of payment on November 6, 2017.
Basic Facts
On November 21, 2016, the Defendant: (a) supplied earth and stones to C; (b) supplied them to C as aggregate; and (c) concluded an aggregate production processing contract (hereinafter “instant primary aggregate production contract”) with a condition that the Defendant would deduct the amount of goods for a certain quantity of aggregate supplied by the Plaintiff and C from the said deposit (hereinafter “instant primary aggregate production contract”).
The Defendant paid the Plaintiff KRW 200,00,000 on November 21, 2016 under the above aggregate production processing contract and KRW 200,000,000 on December 15, 2015 of the same year (hereinafter “the first advance payment”) as security deposit. At the Plaintiff’s request, the Defendant paid KRW 82,275,000 to the equipment cost and included it in the first advance payment, and the total amount of the first advance payment in the instant case was KRW 282,275,000.
On May 16, 2017, the Defendant entered into a contract for the sale of aggregate with the Plaintiff and Nonparty C and entered into a contract for the sale of aggregate and the payment of KRW 320,000 to the Plaintiff in the same manner as before, and entered into a contract for the sale of aggregate production with the effect that the Defendant deducts the amount of goods for a certain quantity of aggregate supplied to the Defendant by the Plaintiff and C from the said deposit (hereinafter “the instant secondary aggregate production contract”).
According to the above Aggregate Sales Contract, the Defendant paid to the Plaintiff KRW 320,000,000 as advance payment (hereinafter “the instant second advance payment”) on April 21, 2017, and KRW 200,000,000 on May 16, 2017, and KRW 60,000,000 on May 17, 2017.
The Plaintiff discontinued the supply of aggregate to the Defendant from September 10, 2017.
Accordingly, the defendant has caused the termination of each aggregate production contract of this case due to the plaintiff's cause attributable to the plaintiff, and from the first advance payment of this case 158,00,000 won for the goods of aggregate.