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(영문) 창원지방법원 2015.02.03 2014가단5589

대여금

Text

1. The plaintiff

A. Defendant A shall pay KRW 36,00,000 and a rate of KRW 20% per annum from March 13, 2014 to the date of full payment.

Reasons

1. Basic facts

A. (1) On August 5, 2011, the Plaintiff entered into a contract for the supply of scrap metal (hereinafter “instant contract”) with the Defendant A to pay KRW 40 per km to the Plaintiff, while the Plaintiff supplied the scrap metal collected from Defendant A to the Plaintiff, and the Plaintiff entered into a contract for the supply of scrap metal (hereinafter “instant contract”).

Article 2(6) of the instant contract provides that “No objection is raised against the settlement unit price of 3,00,000 won during the contract period, and the settlement shall be delayed at least three times or the problem arises.”

(2) Under the instant contract, the Plaintiff paid the Defendant A totaling KRW 40,000,000 (hereinafter “the first advance payment”) on August 5, 2011 and August 16, 2011 under the pretext of advance payment.

(3) On August 5, 201, the Plaintiff paid KRW 100,000,000 under the pretext of advance payment to SampoTex pursuant to the instant contract, but was suspended from transaction with SampoTex on January 9, 2012, and received a refund of KRW 100,000,000 from SampoTex.

B. The facts related to the transaction with Defendant B (1) concluded that the Plaintiff would be supplied with scrap metal or scrap metal from Defendant B upon the introduction of Defendant A, and paid KRW 55,000,000 in total with the account under the name of C and D on February 9, 2012 and February 24, 2012 (hereinafter “the second advance payment”).

(2) Defendant B transferred to the Plaintiff the ownership of the first half of the said advance payment as security, but concluded a counter-lease agreement with the Plaintiff on the first half of the said advance payment amounting to KRW 55,000,000, when the lease period expires while Defendant B leased and used the said first half of the advance payment from the Plaintiff.

(3) Defendant B did not properly supply the scrap metal or scrap metal to the Plaintiff, and the line offered as security was disposed of at will.

(c) return of advance payments; and