계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment on the plaintiff's claim
A. The summary of the Plaintiff’s assertion (A) provided the Defendant with recycled products, and the Plaintiff paid the Defendant KRW 10 million on August 9, 2010, KRW 10 million on August 23, 2010, KRW 10 million on August 23, 2010, KRW 9 million on September 15, 201, KRW 9 million on January 19, 201, KRW 201, KRW 11 million on January 25, 201, KRW 7 million on August 17, 201, KRW 300,000 on August 23, 201, and KRW 60,50,000 on June 22, 2012.
However, on June 3, 2011, the Defendant returned KRW 10 million, and only received a total of KRW 9,544,130 from August 3, 2010 to May 2013.
Therefore, the Defendant should pay to the Plaintiff KRW 40,955,870 ( KRW 60,50,000,000 paid by the Plaintiff to the Defendant - KRW 10,000,000,00 for recycled goods supplied by the Defendant - KRW 9,544,130) and damages for delay.
(B) The Defendant’s assertion argues to the effect that the Plaintiff could not respond to the Plaintiff’s claim, on the ground that the Defendant collected recyclables equivalent to KRW 50,50,000 (the total amount of KRW 60,500 paid by the Plaintiff less KRW 10,000 paid by the Defendant) that the Plaintiff paid to the Defendant.
B. The key issue of the instant case is whether the Plaintiff received the supply of recycled products worth KRW 50 million from the Defendant.
The plaintiff asserted that the plaintiff could not be supplied with the recycled goods at all although he paid KRW 60.5 million to the defendant at the complaint of this case, and that the defendant claimed that he paid KRW 60.5 million to the plaintiff on June 3, 201 through a written response, and that he paid KRW 10.5 million to the plaintiff on June 3, 201, and that he was supplied with the recycled goods equivalent to KRW 9,544,130 while changing the purport of the claim and the cause of the claim. ② According to the plaintiff's argument, the plaintiff was provided only with the recycled goods equivalent to KRW 9,544,130 from August 9, 2010 to May 2013, and that deposit KRW 60.5 million over the total amount of KRW 88 times from August 9, 2010 to June 22, 2012. < Amended by Presidential Decree No. 23788, Jun. 6, 2012>