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(영문) 춘천지방법원 강릉지원 2017.01.10 2016가합83
선급금반환
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 363,00,000 and the Defendant A, Inc. from December 31, 2014.

Reasons

1. Comprehensively taking account of the overall purport of evidence Nos. 1, 2, and 3 as to the cause of the claim and the arguments, the Plaintiff Company entered into a instant sales contract with the Defendant Company: (a) around February 9, 2012; (b) around February 15, 2012, from February 15, 2012 to February 15, 2014, to be supplied with 15,000 tons per annum (unit price of 60,000 won per ton) in the mine located in Gangwon-gun C; (c) the Plaintiff Company paid advance 363,000,000 won to the Defendant Company; and (d) on August 26, 2013, the Plaintiff Company demanded the Defendant Company to pay 363,000,000 won to the Defendant Company; and (e) on August 26, 2013, the Plaintiff Company agreed to receive 300,300,000 won from the Defendant Company under a joint surety.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay the above agreed amount of KRW 363 million and the following day after the due date for payment. From December 31, 2014, Defendant A Co., Ltd. up to March 27, 2016, the delivery date of a copy of the complaint of this case, Defendant B up to June 2, 2016, the delivery date of a copy of the complaint of this case, Defendant B up to June 2, 2016, each of which is 6% per annum under the Commercial Act, and damages for delay calculated by each of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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