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(영문) 수원지방법원평택지원 2015.09.11 2015가단41126

거래보증금반환

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1. The Defendants: (a) KRW 30,000,000 for each Plaintiff and 6% per annum from May 1, 2012 to August 20, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a business operator who was engaged in waste disposal business under the trade name of “E,” and Defendant Sea SP Co., Ltd. (hereinafter “YS”) is a corporation that engages in industrial waste collection and transportation business.

B. On May 19, 201, the Plaintiff entered into a contract for the supply of plastics (hereinafter “instant goods supply contract”) with Defendant D, with a unit price of KRW 200, volume (kg) 150 tons or 300 tons or more, transaction deposit of KRW 30,000,000 (hereinafter “the instant transaction deposit”) and the period from May 1, 201 to April 30, 2012. The instant transaction deposit was provided with plastic goods, and Defendant B, C, and D guaranteed the Plaintiff’s debt related to the instant goods supply contract with Defendant D on the same day.

C. The Plaintiff remitted KRW 30,000,000 to the account designated by the Defendants pursuant to the instant goods supply contract.

[Ground of Recognition] Facts without dispute between the parties, entry in Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant goods supply contract was terminated on April 30, 2012, and barring any special circumstance, the Defendants are obligated to pay to each Plaintiff 30 million won of the instant transaction deposit and the amount equivalent to 6% per annum as prescribed by the Commercial Act from May 1, 2012 to August 20, 2015, the date following the end of the instant goods supply contract, which is the last day of the instant goods supply contract, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

3. Determination as to the defendants' defense

A. The instant transaction deposit to be returned to the Plaintiff by Defendant Ham Chang, S., and D is KRW 10 million, and Defendant YE on May 2011.