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(영문) 서울남부지방법원 2015.01.22 2013가합7135

약정금반환

Text

1. The Defendants: (a) each of the Plaintiff KRW 300,000,000 and each of them, Defendant B shall be from May 22, 2013 to Defendant C; and (b) Defendant C shall be from May 22, 2013 to the Plaintiff.

Reasons

Basic Facts

The plaintiff, who entered into a sales contract for scrap metal, is a steel wholesaler that supplies steel, heavy machinery, etc.

On April 5, 2011, the Plaintiff received a proposal from Defendant B (the chairperson of the E Trade Union at that time), and Defendant D to receive a sales contract for scrap metal generated at the time of removal of F chemical 2 factories, and accordingly, paid KRW 300 million to Defendant B as a referral fee, and received the following confirmation from the said Defendants:

The above certificate of deposit shall receive KRW 300 million in order to ensure that the business is under the responsibility of the State A (State) with respect to the removal of Fchemical 2 plant.

In the event of failure to conclude the contract, the full amount of the above amount shall be returned.

B. On April 5, 2011, Defendant D, a receipt, participated in the bidding for the scrap metal of the Non-party Daelim Industry Co., Ltd. (hereinafter “Slim Industry”), a construction contractor for the removal of the Plaintiff, and entered into the contract by submitting a unit price higher than that of other companies.

On October 1, 2011, the Plaintiff entered into a contract to purchase (hereinafter “instant contract”) at an amount calculated by multiplying the total of the scrap metal generated from the forest industry to the removal of the said factory from October 1, 2011 by the contractual unit price prescribed in the following table (the unit price higher than the market price at the time) by the quantity of scrap metal (hereinafter “instant contract”).

C. The Plaintiff, on October 6, 201, obtained the following certificates from Defendant C (F Trade Union Chairperson at the time of the F Trade Union Chairperson at the time of October 6, 201, 201: (a) the estimated quantity of 1,100,00 KG 300,000 KG unit price of 360,000KG unit price of 5652,800,000G unit price of 565,800G unit price

As seen above, I would like to make sure that the said contract would be carried out at the market price as to the gold metal sales contract and the down payment related to the contract deposit. On October 6, 2011, I would like to hold the Plaintiff liable for any failure to comply with the foregoing matters. C on October 7, 2011, the Plaintiff paid KRW 300 million performance bond for the elim industry in accordance with the said contract.

In the case of a separate lawsuit, the progress of the lawsuit is examined.