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(영문) 울산지방법원 2014.12.11 2012가합4271

보증금반환 등

Text

1. The Defendant’s KRW 135,915,485 as well as 5% per annum from January 1, 2012 to December 11, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company engaged in the manufacturing, wholesale, etc. of man-made agency, and the Plaintiff is a company that manufactures, processes, and constructs a man-made agency plate upon receiving an order from the Defendant.

B. On May 2, 2011, the Plaintiff concluded a lease deposit of KRW 300 million, monthly rent of KRW 18 million, and KRW 36 months from the delivery date of the lease term (hereinafter “instant lease contract”) with respect to the building A (hereinafter “instant factory”) among the Defendant and Yangsan-si B (hereinafter “instant factory”), and concluded a lease contract with the Defendant for the lease deposit of KRW 10 million on the date of the contract, the lease deposit was paid to the Defendant, and KRW 140 million on the date of May 31, 201, and the remainder shall be paid KRW 150 million on the equal basis over ten occasions from July to July 10.

Accordingly, the Plaintiff paid the Defendant KRW 240 million out of the above rental deposit KRW 300 million.

(However, the instant lease agreement is not for the use of the said building, but for the use of the said building, but for the use of machinery, equipment, etc. necessary for the production of human resources in the said building, and is in an indivisible relationship with the following goods supply contract.

In addition, on May 31, 201, the Plaintiff, along with the instant lease agreement, issued an order to the Plaintiff and accepted it by the Plaintiff, entered into a contract to supply all of the goods related to Washington and its related goods to the ordering entity based on the order form (hereinafter “instant goods supply contract”). The instant goods supply contract includes the following: (a) the instant goods supply contract; and (b) the instant goods supply contract includes the instant goods supply contract:

Article 20 (Cancellation and Termination of Contracts)

1. The major reasons, such as the suspension of transaction from a financial institution or the reorganization of a company by a third party on default (including provisional seizure and provisional disposition).