거래계약보증금반환
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 74,409,00 and the interest rate thereon from September 4, 2015 to the date of full payment.
1. Facts of recognition;
A. On April 25, 2008, Defendant Seojin Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a goods transaction agreement with Seo-gu Co., Ltd. (hereinafter “Saeng”) to supply animal residuess, such as well-knowns and pigs, and agreed to the following purport as to the contract deposit. Defendant A jointly and severally guaranteed the obligations under the above goods transaction agreement with Nonparty Co., Ltd.
Article 3 (Transaction Contract Deposit)
A. The non-party company pays 150 million won to the defendant company as security deposit for the contract, and the defendant company shall be duly received.
B. If the contract is discontinued or terminated, the full amount shall be immediately returned to the non-party company, and the defendant company shall, at the time of delay, pay the contract deposit in cash, plus damages for delay at the rate of 24% per annum with respect to the contract deposit from the date of redemption until the
B. Under the above commodity transaction contract, on April 25, 2008, the non-party company paid KRW 150 million to the defendant company as a security deposit for the transaction contract. Since then, the defendant company continued the transaction of goods based on the above goods transaction contract with the non-party company and continued the transaction around June 4, 2010, but did not return KRW 74,409,000 to the non-party company without returning only a part of the above contract deposit amount of KRW 150 million.
C. On August 1, 2011, the Plaintiff merged Nonparty Company with each other.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 1-1 to 3, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 74,409,000 among the security deposit for contract and the agreed damages at the rate of 24% per annum from September 4, 2015 to the date of complete payment, as the Plaintiff seeks.