보증금반환
The counterclaim defendant's appeal is dismissed.
Expenses for appeal shall be borne at a level of half the appeal.
The purport of the claim and the appeal.
1. The reasoning of the court’s explanation concerning this case is the same as the part of the reasoning of the judgment of the first instance, except for the partial revision of the grounds of the judgment of the first instance, and thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 6 13 through 14 of the “(the defendant does not dispute at all)” shall be deleted.
Section 6. Change “this Court” to “Court of First Instance 14.”
6 The defendant was issued a tax invoice under the name of the defendant after August 10, 2017 when the name of the business operator was changed.
However, according to the factual inquiry about the above Korea Electric Power Corporation, it is reasonable to deem that the parties to the electricity supply contract were the Defendant from December 2016, and that the payment of the charges and taxes was made in the Defendant’s name. As such, the above assertion is without merit).
8. The following: (a) the first 9 page’s conduct is difficult to be seen:
“In addition, the Defendant had intended to pay to the Plaintiff the estimated amount of KRW 150 million by that time. However, the Plaintiff asserted that the Plaintiff’s demand for additional tax return amounting to KRW 40 million should be recognized as a performance provision. However, considering the card sales on the Defendant’s account, the Defendant did not have sufficient amount of KRW 150 million, and the Defendant’s payment of the amount was suspended by dispute over the settlement itself, and thus, it is difficult to acknowledge the validity of performance provision.”
8 The ruling of this case shall be changed to “the ruling of this case” of the first instance court 18 (hereinafter “the ruling of this case”).
2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.