선급금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 10, 2012, the Plaintiff entered into a supply contract with the Defendant on the medical device “ADCRP” and its main contents are as follows.
Article 2 (Supply Products and Supply Methods)
3. The defendant shall deliver the product to the plaintiff within 60 days from the date of the order of the plaintiff, and the price of the product supplied by the defendant under Article 3 (Price of Products) to the plaintiff is 15,400 won (including VAT).
Article 4 (Conditions of Transaction and Jurisdiction)
1. The annual contract for the product shall be 30,00 Kit.
2. The order for a product shall be at least 10,00 Kit.
Article 5 (Payment for Price) The payment for the payment shall be 50% of the amount ordered at the time of the issuance of the product and 50% of the balance within seven days after the delivery of the product.
Article 7 (Place of Delivery of Goods) The place of delivery of goods shall be the place designated by the Plaintiff.
However, the plaintiff and the defendant may mediate the case through mutual consultation.
B. On February 1, 2012, the Plaintiff ordered the Defendant to pay the above medical device 15,000 height, and notified the Defendant of the payment period as “the network for division and entry according to the inventory status of the closed company” by suffering from the end of February.
On February 20, 2012, the Plaintiff paid to the Defendant advance payment of KRW 115,500,000 (15,000 x 15,400 x 50%) equivalent to 50% of the aforementioned advance payment.
C. On April 19, 2012, the Defendant supplied 3,000 key of the medical devices ordered to the Plaintiff.
On May 8, 2012, the Plaintiff paid the above KRW 300,000 (3,000 x 15,400 won) separately from the advance payment made at the Defendant’s request.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3-1, the purport of the whole pleadings
2. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion was terminated for the following reasons, and the Defendant is obligated to return advance payment of KRW 115 million to the Plaintiff as its restitution.
(1) The Defendant shall apply to the instant medical device.