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Reasons
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(영문) 수원지방법원 2015.07.10 2014가합12556
보증금반환
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1. The Plaintiff, Defendant C’s KRW 587,00,000, and the interest rate of KRW 20% per annum from October 16, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On April 14, 2014, the Plaintiff entered into a sales contract for scrap metal (hereinafter “instant sales contract”) with the Defendants. The main contents are as follows. Article 2 (Transaction Deposit) of the sales contract for scrap metal transactions (hereinafter “sales deposit”) provides that deposit for scrap metal transactions shall be KRW 200,000,000, and this amount shall be refunded to the Plaintiff at the time of the termination of the transaction due to the expiration of the contract period, etc.

② The Plaintiff’s KRW 50,000,000, out of the transaction deposit, shall be paid to the Defendants on July 1, 2014 when this Agreement enters into force, and the remaining KRW 150,000,000,000, out of the transaction deposit, occurs.

Article 3 (Unit of Trade) The unit price for trading scrap metal shall be determined by consultation between the Defendants and the Plaintiff, based on the following matters, in consideration of the quantity of generation, market price, and interest rate:

1. The unit price for trading shall be determined by subtracting 40 won/km of the target purchase price;

2.20 won/km out of the deducted amount shall be recognized as transport costs.

3.20 won/km out of the deducted amount shall be appropriated for the purpose of deducting 400,000,000 won from the Defendant C’s borrowings against the Plaintiff.

Article 4 (Term of Contract) The term of contract shall be from the date when the amount of KRW 50,000,000 is paid to the date when the amount of KRW 400,000 is fully repaid, and may be extended through mutual consultation.

B. In concluding the instant sales contract on April 14, 2014, the Plaintiff and Defendant C concluded a monetary loan agreement with the effect that “The amount of KRW 86,000,000 out of KRW 486,00,000 borrowed by Defendant C to the Plaintiff shall be reduced, and KRW 400,000,000 shall be repaid according to the implementation of the instant sales contract with Defendant C and the Plaintiff” (hereinafter “instant monetary loan agreement”).

C. According to the instant sales contract, the Plaintiff paid the Defendants totaling KRW 200,000,000 on May 2, 2014 and KRW 150,000,000 on May 20, 2014.

The transaction under the instant sales contract began on June 1, 2014, and was terminated on September 12, 2014, and the Plaintiff.

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