보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that manufactures, sells, and develops the mixed feed for livestock and the mixed feed for fish purposes. The Defendant is a company that manufactures and sells mixed feed.
B. On August 1, 2005, the Plaintiff entered into a contract with the Defendant for the supply of Ombry feed and produced and supplied the mixed feed ordered by the Defendant to the Defendant, and paid KRW 200,000,00,00 as a security deposit for each of the following: (a) the Plaintiff entered into a contract with the Defendant on December 14, 2012 on lending 30 tons of imported feed for the first time on January 9, 2013 (hereinafter “instant contract”); and (b) the Defendant paid KRW 14,10,00 on December 14, 2012; and (c) the Defendant paid KRW 216,150,000 on January 9, 2013, respectively.
C. On or around December 2012 and January 2013, the Plaintiff manufactured and supplied the mixed feed to the Defendant using the boomed for import from the Defendant as a raw material.
On June 18, 2014, June 19, 2015, June 19, 2015, July 1, 2015, and August 3, 2015, the Plaintiff requested the Defendant to hold a consultation on the period of return of 500 tons for the rise of import, and on August 15, 2015, the Plaintiff notified the Defendant on August 13, 2015, as the Defendant did not comply therewith.
E. On September 10, 2015, the Plaintiff, on September 15, 2015, loaded and unloaded 500 tons of imported goods to the Defendant on September 15, 2015, and notified the Defendant of the receipt of deposit KRW 360,250,000. On September 15, 2015, the Plaintiff prepared for 50 tons of imported goods, but the Defendant rejected receipt.
【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1 through 4, 7(if there is additional number, including each number; hereinafter the same shall apply), 9, 11, 14, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion constitutes a loan agreement for consumption, and the Plaintiff, the borrower, is entitled to return at any time, as there is no agreement on the time of return. Thus, the Defendant imports from the Plaintiff.