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(영문) 서울남부지방법원 2017.04.11 2016가단36366

선급금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In full view of the purport of the entire pleadings in the statements Nos. 1, 2, and 3-1, and 2, the Plaintiff entered into a contract with the Defendant on January 26, 2012 (hereinafter “instant contract”), and the Plaintiff entered into a contract with the Defendant on January 26, 2012 pursuant to the instant contract.

3. On April 1, 2012, the Plaintiff paid KRW 150,00,00 to the Defendant for advance payment, and the Plaintiff obtained 20% of the advance payment from April 1, 2012 to March 31, 2014 (the amount equivalent to 13.8% of the advance payment) out of the amount equivalent to 20,70,000 won (the amount equivalent to 13.8% of the advance payment). In such a case, according to the instant contract, the instant contract is terminated and the Defendant must return to the Plaintiff the amount not deducted from the advance payment payment. However, the Plaintiff and the Defendant, upon the Defendant’s request from the Defendant from April 1, 2014 to June 18, 2016, the Plaintiff’s demand that the Plaintiff maintain the instant contract without completing the instant contract, with business equipment installed at the Defendant’s hospital’s operating hospital’s operating hospital’s operating facility, converting the Plaintiff’s blood collection performance from the Defendant’s blood collection hospital’s operating hospital into the Plaintiff’s performance of 100010.

According to the contract of this case, the plaintiff asserts that the defendant is liable to pay to the plaintiff 17,90,000 won (=150,000,000 - 20,700,000 - 11,400,000 won) and damages for delay, since at least 20% of the pre-paid fees are not paid to the plaintiff at the time of the reduction of the pre-paid fees or at the time of the cancellation of the contract within 24 months from the date of the period of deduction of pre-paid fees.

The contract of this case includes the contents of the contract claimed by the plaintiff.