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(영문) 대전지방법원천안지원 2016.11.30 2016가단3047

선급금반환

Text

1. The Defendant’s KRW 33,656,00 and the Plaintiff’s annual rate of KRW 6% from January 30, 2016 to November 30, 2016, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of collecting and selling scrap metal, and the Defendant is a person who runs the business of selling scrap metal in the trade name B.

B. On June 10, 201, the Plaintiff remitted advance payment of KRW 70,000,000 to the Defendant, and the Defendant is about the same day to the Berne shop Co., Ltd. (hereinafter “Co., Ltd.”).

10,000,000 won was remitted for the scrap metal sales contract as stated in the paragraph.

C. On June 11, 201, the Defendant concluded a sales contract for scrap metal by setting forth KRW 400 per unit price per scrap metal km, KRW 5,300 per unit price per electric wire, KRW 100,000 per down payment, and KRW 100,000 per unit price for scrap metal (including scrap metal) and scrap metal (electric wires) arising at the scene of removal between the luxe market and the luxe market.

(hereinafter “instant scrap metal sales contract”). D.

From July 5, 2011 to July 19, 201, the Plaintiff appears to have written 36,344,000 won (i.e., 90,860km) Standard for Evidence No. 4-2 (No. 4-1, “90,850km” of Evidence No. 4-1 appears to have written misunderstanding.

A) collected scrap metal amounting to KRW 400.

[Ground of recognition] Evidence Nos. 1, 3, Eul Evidence Nos. 1, 2, Eul Evidence Nos. 4-1, 2-2, witness D's testimony, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the plaintiff paid 70,00,000 won in advance to the defendant and collected 36,34,000 won in advance. Thus, the defendant, barring special circumstances, is obligated to pay to the plaintiff the amount of 33,656,000 won in advance (=70,000 won - 36,344,000 won) and damages for delay calculated at the annual rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 30, 2016 to the date following the day on which the duplicate of the complaint of this case was served on the defendant as the plaintiff's request.

3. The defendant's judgment on the defendant's assertion shall be based on the contract with the plaintiff.