보증금반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. Basic facts
A. The Plaintiff and the Defendant are corporations established for the purpose of collecting and selling each scrap metal (the Defendant was established on March 8, 2002, and the Plaintiff was established on November 4, 2013).
On March 2014, the Plaintiff and the Defendant concluded a contract with the following terms (hereinafter “instant contract”).
1. Total amount of a contract 400 million won - Part payments of 50 million won - Part payments of 250 million won ( March 31, 2014): 100 million won (value-added tax)
2. Period of contract by May 10, 2016;
3. Contents - From the following day of the payment of the remainder - All the powers of the Defendant’s workplace to purchase recyclables shall be transferred to the Plaintiff.
Provided, That among the purchased recyclables, scrap metal, non-ferrous, work metal and softs shall be settled on the same day and transferred to the defendant;
(c)the newspaper shall be transferred in real weight upon arrival of the factory;
The unit cost of transfer and acquisition shall be determined by reflecting the current market price with mutual agreement.
- The plaintiff will be transferred to compressors and sckes installed in the defendant's workplace.
- Operating expenses (electric duties and public charges) to be paid at the defendant's workplace shall be borne by each half of the costs and the defendant's joint use.
- A contract termination clause: Where the payment is not made at the time of promise of intermediate payment, and where the plaintiff sells the newspaper, scrap metal, non-ferrous, work scrap metal, and skins to the other party alone without consultation with the defendant, from among recycled products purchased at the original level at the defendant's workplace, the defendant may notify the plaintiff of the reversal of the contract.
- part payments of KRW 250 million
4. No down payment shall be refunded to KRW 50 million, if not paid up to 31.
B. Under the instant contract, the Plaintiff paid the Defendant the down payment of KRW 50 million on the day of the contract, KRW 150 million among the intermediate payment on May 16, 2014, and KRW 100 million among the intermediate payment on May 29, 2014.
C. If the Plaintiff and the Defendant purchased recyclables and sold them to the Defendant by adding 10 won per kg to the purchase price, the Defendant shall be subject to value added tax of 10% to the original purchase price.