계약보증금 반환 등 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
A. The Plaintiff Cheongdo-won Export and Import Trade Limited Corporation (hereinafter “Plaintiff Cheongdo-won”) is a Chinese legal entity that runs the trade brokerage business of agricultural, livestock, and marine products, while the Plaintiff Man-Manb Co., Ltd. (hereinafter “Plaintiff Man-Manb”) is a Korean legal entity that runs the trade brokerage business of agricultural, livestock, and marine products.
B. On July 31, 2015, the Defendant issued a public notice of tender to 7,00 tons at the New Line in the year of 2015, and implemented the bidding procedure on August 11, 2015.
C. On August 21, 2015, the Plaintiffs, who participated in the bid procedure and won the supply volume of 1,000 tons in the new line, entered into a contract with the Defendant to purchase TR Q Q Q purchase contract (hereinafter “instant contract”) with the amount of 1,00 M/T, the total amount of 1,496,000 U.S. dollars on October 15, 2015, the arrival date of 149,600 U.S. dollars, the contract deposit of the Plaintiff Cheong-do F&C, and 74,800 U.S. dollars, and the Plaintiffs paid the Defendant the total contract deposit of 224,400 U.S. dollars (hereinafter “instant contract deposit”).
The Plaintiffs did not perform their obligations under the instant contract by the due date ( October 15, 2015, which is the due date for arrival stipulated in the instant contract). On October 19, 2015, the Defendant terminated the instant contract to the Plaintiff Dae-sung F&C and notified that the instant contract reverts to the instant contract bond.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9 and Eul evidence Nos. 1 (including branch numbers; hereinafter the same shall apply), each of the parties' arguments to the purport of the whole pleadings
A. The Plaintiffs asserted 1 received the first inspection of 500 tons out of the supply quantity of 1,00 tons under the contract of this case. As to certain quantities, the printing and labelling errors of the origin and Korean characters were discovered, and the corrective measures were again requested after completion of the corrective measures.
However, the Plaintiffs are subject to fraud from the suppliers of the above 500 tons.