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(영문) 수원지방법원평택지원 2016.04.27 2015가단41010
보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 15 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from September 16, 2015 to April 27, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs the wholesale and retail business of automobile goods, and the Defendant is an individual who manufactures bags and automobile goods while operating B.

B. On November 21, 2014, the Plaintiff and the Defendant entered into a continuous contract for supply of goods (hereinafter “instant basic contract”) with the content that the Plaintiff manufactures and supplies the ridge of various vehicles ordered by the Plaintiff, and the Plaintiff would pay the goods for the pertinent month at the end of each month.

C. On November 21, 2014, the Plaintiff paid KRW 15 million to the Defendant, and the instant basic contract states as follows: “The Plaintiff received KRW 15 million from the production contract and returned it after six months from the date of production, and subsequently entered the remainder at the time of return.”

Until February 16, 2015, the Defendant manufactured and supplied a set of sets equivalent to KRW 26,763,000 in total by the Plaintiff’s order (hereinafter “instant sets”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the Defendant’s counterclaim claim, the Plaintiff is obligated to pay 26,763,000 won and damages for delay to the Defendant, barring any special circumstances. 2) As to the Plaintiff’s assertion, the Plaintiff is obligated to pay the Defendant the amount of 26,763,000 won and damages for delay. 2) As to the determination as to the Plaintiff’s assertion, the Plaintiff made products amounting to approximately 90% of the instant sheet (i) the strength of a weak string, (ii) the intensity of the string string string string string string string string 2) the decline in the product nature caused by the addition to the string string 3) the addition for the use of the string string 2, 4) the production into 4T other than the thickness of the agreed string 6T.

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