선급금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Basic Facts
The plaintiff is a company established for the purpose of collecting and selling scrap metal, and the defendant is a person who runs the sales business of scrap metal with the trade name B.
On June 10, 201, the Plaintiff remitted KRW 70,000,000 to the Defendant, and the Defendant, on the same day, remitted KRW 100,000,000, including KRW 70,000,000, which was remitted from the Plaintiff, to the Berne market Co., Ltd., Ltd. (hereinafter referred to as “Semule market”), as the down payment for the sales contract as described in the following sub-paragraph (c).
On June 11, 201, the Defendant entered into a sales contract for scrap metal (hereinafter “the instant sales contract”) with respect to scrap metal (including miscellaneous iron) and non-stock (electric wire) arising from the removal site (hereinafter “the instant removal site”) as the price for the instant scrap metal sales contract on June 30, 201 by stipulating that KRW 400 per scrap metal km, KRW 5,300 per electric wire km, KRW 100,000 for down payment, and KRW 70,000 as the price for the instant scrap metal sales contract on June 30, 201.
On the other hand, from July 5, 201 to July 19, 2011, the Plaintiff appears to have mistakenly stated 36,344,00 won (i.e., 90,860km) No. 4-2 of the evidence No. 4-2 (i.e., 90,860 kilograms No. 4-1 of the evidence No. 4 (i.e., 90,850km)
A) The Plaintiff collected scrap metal equivalent to x 400 won, and the Defendant collected scrap metal equivalent to 45,470km, etc. thereafter, and the Plaintiff could no longer collect scrap metal at the site of the removal in this case due to a dispute over the instant scrap metal sales contract between the Plaintiff and the Defendant.
[Grounds for recognition] In the absence of dispute, Gap evidence No. 1, Gap evidence No. 3, Eul evidence No. 6, Eul evidence No. 1 to Eul evidence No. 6 (including serial numbers), D’s witness of the first instance court and the appellate court, witness E of the party concerned, the plaintiff’s assertion of the purport of the whole pleadings, and the parties’ assertion of the purport of the whole pleadings of this case, which the defendant concluded with the defendant in relation to the contract for the sales of the scrap metal of this case, 70,000,000 won since the plaintiff would be supplied with the scrap metal from the site of removal of this case.