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(영문) 인천지방법원 2020.11.10 2020가단3054

보증금반환

Text

Defendant B Co., Ltd. shall pay 54,856,450 won to the Plaintiff and 12% per annum from May 22, 2020 to the day of complete payment.

Reasons

1. Claim against Defendant C

A. On November 4, 2017, the Plaintiff, at the request of Defendant C, the actual operator of Defendant B Co., Ltd., entered into a contract for the collection of scrap metal, and deposited KRW 100,000,000 to Defendant C’s account. The Plaintiff merely received a scrap metal amounting to KRW 45,143,550, and the transaction was suspended under the remaining status of KRW 54,856,450.

Therefore, as a party to the above contract for the collection of scrap metal, Defendant C is jointly and severally liable to pay the deposit amount of KRW 54,856,450 and its delay damages with Defendant B.

B. According to the reasoning of each evidence Nos. 1 and 3, the plaintiff and the defendant corporation entered into a contract for the collection of scrap metal on Nov. 4, 2017 between the plaintiff and the defendant corporation, and entered "S" in the airspace at the left bottom of the above contract, and the plaintiff deposited KRW 100,000,000 into the above community credit cooperatives account in the name of C on the same day. However, the above fact of recognition alone is insufficient to be deemed as a party to the above contract for the collection of scrap metal, and there is no other evidence to acknowledge it, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's claim against the defendant C is without merit.

2. Claim against Defendant B

(a) Indication of claims: To be as shown in attached Form;

(However, “Defendants” are deemed to be Defendant B.

Grounds: Articles 208(3)2, 150(3), and 150(1) of the Civil Procedure Act (Confession judgment)