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(영문) 서울남부지방법원 2017.11.09 2016가합3899

편취금반환

Text

1. The Defendant’s KRW 415,670,950 for the Plaintiff and KRW 5% per annum from April 1, 2015 to September 6, 2017.

Reasons

Basic Facts

A. The Plaintiff is a corporation that runs the wholesale and retail business of the lighting fixtures, and the Defendant is a corporation with the purpose of spreading and spreading LED (ELD) and promoting mutual interests among its members.

B. On April 30, 2014, the Plaintiff entered into a contract between the Defendant and the Defendant under which the Plaintiff supplied LED triangulation lamps or similar goods developed by the Defendant as a monopoly and paid KRW 650,000,000 to the Defendant (hereinafter “instant monopoly supply contract”), and the important parts thereof are as follows.

▣ 이 사건 독점공급계약 제2조 (공급대상 상품)

1. Goods that A (the Defendant; hereinafter “A”) supplies to B (the Plaintiff; hereinafter “B”) a monopoly are as follows:

Article 5 (Responsibilities of A)

1. A shall endeavor to supply within a designated time limit the quantity of goods requested by B in accordance with the orders of B.

Article 6 (Responsibilities of the Parties)

1. Eul shall provide A with security deposits of 650,000,000 won for credit.

Article 8 (Security)

1. Eul shall deposit the security money as determined by Section 6(1) of this Article in order to guarantee the amount of goods to be borne by A and all other obligations.

▣ 이 사건 합의서 갑(피고)와 을(원고)은 지난 2014. 4. 30. 양측이 협의 체결한 ‘EL 램프 대체 LED램프 공급계약’의 해지에 따른 담보금 반환조건에 대하여 상호 신의와 성실의 기본원칙을 바탕으로 다음과 같이 합의한다.

1. A shall return 100,000,000 won, out of 5,13,670,950 won, whichever is 19,067, less 136,329,050 won, whichever is 650,000 won, to B, and the remainder shall be refunded to B by March 31, 2015. < Amended by Act No. 13173, Feb. 27, 2015; Act No. 13200, Mar. 31, 2015>

2. Upon completion of the return of the security deposit referred to in paragraph 1, the effect of the “EL lamps supply contract” entered into on April 30, 2014 shall be automatically terminated.

(b)

4. The Parties.