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Reasons
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(영문) 의정부지방법원 2015.09.11 2014나11667
선급금반환
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. A. Around March 29, 2013, the Plaintiff entered into a scrap metal supply contract with the Defendant, and paid KRW 20,000,000 to the Defendant on June 7, 2013 when the Plaintiff was supplied with scrap metal by the Defendant. Since August 26, 2013, the Defendant did not supply the scrap metal to the Plaintiff any longer.

Therefore, the defendant is obligated to return to the plaintiff the remaining KRW 16,267,30 after deducting the plaintiff's unpaid scrap metal amount of KRW 3,732,70 from the above advance payment.

B. The summary of the Defendant’s assertion did not have received advance payment of KRW 20,000,000 from the Plaintiff.

The above amount claimed by the plaintiff as advance is the amount that the plaintiff lent to B individually.

2. According to the statement in Gap evidence No. 1, the fact that the plaintiff transferred KRW 20,00,000 to the corporate bank account (Account Number: C; hereinafter "the account in this case") under the name of the defendant is recognized, but it is difficult to view that the plaintiff paid KRW 20,000,000 to the defendant solely on the above facts of recognition, and there is no other evidence to acknowledge it.

Rather, the following circumstances are acknowledged based on the overall purport of evidence Nos. 2 and 1, 2, 6, 7, 10, and 13 as follows: ① the Plaintiff paid 20,000,000 won to the account of this case on June 7, 2013, the Plaintiff traded scrap metal equivalent to KRW 83,848,500 for about 10 occasions with the Defendant. At each of the above transactions, the Plaintiff paid the full amount of KRW 20,000 and did not deduct the scrap metal amount from the above KRW 20,000. ② Upon receiving a request from the Plaintiff to lend money for personal use from the Defendant, the Plaintiff wired the above amount to the account of this case, i.e., KRW 20,000,00,000 for personal use (see, e., e., evidence Nos. 1 and 20,000).

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