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(영문) 수원지방법원 성남지원 2021.03.04 2019가단226004

매매대금반환

Text

Defendant B Co., Ltd.:

A. From January 4, 2019 to October 25, 2019, KRW 38,000 and its interest.

Reasons

1. Basic facts

A. The purpose of the Plaintiff’s research and development service business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is to manufacture structural equipment and export/import business, etc., and Defendant C is the representative of the Defendant Co., Ltd.

B. (1) The Plaintiff and the Defendant Company entered into a contract to pay KRW 38,000,000 to the Plaintiff in return for assisting the Defendant Company to enter into a supply contract with D on September 11, 2018.

(2) After the Plaintiff’s efforts, the supply contract was concluded between the Defendant Company and D with the Plaintiff’s efforts, and the supply price was deposited in the Defendant Company from D on December 24, 2018.

(c)

(1) On September 18, 2018, the Plaintiff paid 20,000,000 to the Defendant Company on September 18, 2018, with the maturity of 31 October 2018 and 3% per annum.

(2) On December 6, 2018, the Plaintiff determined KRW 10,000,00 to the Defendant Company as the due date for payment on December 14, 2018 and as 3% per annum.

E. (1) While the Defendant Company was unable to repay its obligation to the lapse of the payment date of the business expenses and loans promised as above, the Plaintiff and the Defendant Company agreed to set off the part of the structural equipment to be supplied to F institutions if the Plaintiff participated in the E bidding conducted by F institutions and is selected as the delivery company, after the Defendant Company supplied the Plaintiff with some of the structural equipment to be supplied to F institutions within the same scope.

Accordingly, the plaintiff participated in the above bidding and was selected as the supplier, and entered into the E contract with the F agency.

(2) On February 1, 2019, the Plaintiff and the Defendant Company entered into a contract under which the Plaintiff would supply the structure and structural fitnesss to F institutions with KRW 142,00,000 (hereinafter “instant supply contract”) and agreed to deduct KRW 68,00,000 from the price of supply the above business costs and loans. Meanwhile, the above structure equipment.