선급금반환
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted from the Defendants to December 13, 2013, the Plaintiff purchased scrap metal from the Defendants from 2006 to December 13, 2013, and paid advance payment in the process.
After December 13, 2013, transactions were discontinued, and if the amount of scrap metal was deducted from advance payment as of the time of such suspension, advance payment of KRW 79,13,910 remains.
Then, the Plaintiff received KRW 40 million from the Defendants.
Therefore, the Defendants are jointly and severally liable to pay advance payment of KRW 39,133,910 and delay damages to the Plaintiff.
2. In light of the fact that the Plaintiff also recognized that the payment of scrap metal transactions and advance payment is in accordance with a contract with D Co., Ltd., and Defendant B, the Plaintiff’s partner, on October 25, 2013, prepared a letter of payment (Evidence A2) that the Plaintiff would pay KRW 39,133,910 to the Plaintiff by January 11, 2014 on behalf of D Co., Ltd. (representative director C), and there is no evidence to prove that Defendant B agreed that he would be individually responsible for the said amount to the Plaintiff, the Plaintiff’s assertion against the Defendants on the premise that the party who received the advance payment is the Defendants is the Defendants is without merit.
3. Thus, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.