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(영문) 광주지방법원 2019.09.04 2018가단515482
보증금반환
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from May 25, 2018 to May 31, 2019, and the following.

Reasons

Basic Facts

On June 29, 2017, the Defendant agreed with the auditor who is the actual operator of C Co., Ltd. (hereinafter referred to as “C”) to be supplied with the by-products of pigs from C. On the same day, the Defendant transferred KRW 50,000,000 to the deposit account of E of a limited liability company in which D is the representative director according to D’s instructions.

On July 3, 2017, the Defendant entered into a contract for the supply of goods (the “instant goods supply contract,” and the “instant supply contract”) with the content that “the Defendant shall be supplied by C from July 3, 2017 to June 2018, among the primary by-products (dus, internal organs, etc.) of pigs slaughtered at slaughterhouses of F Co., Ltd. (hereinafter “F”), but the Defendant shall pay 50,000,000 won as contract deposit to C, and the amount within the two by-products shall be settled to F.

When the Plaintiff was unable to be supplied with the by-products in collusion with C, etc., the Plaintiff requested the F representative director G to provide the by-products of pigs.

The Plaintiff listened to the Defendant’s statement that he would transfer KRW 50,000,000 from G to the Defendant’s deposit account on July 12, 2017, and received the instant supply contract from G through G.

From that time until September 2017, the Plaintiff received by-products of pigs slaughtered at F slaughterhouses, and deposited the price into F’s account.

However, from October 2017, the Plaintiff failed to accept C’s by-products of pigs.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 2, 3, Eul evidence Nos. 2, 3, and 4, witness H’s testimony, the result of the Plaintiff’s questioning, the gist of the Plaintiff’s assertion as to the overall purport of the pleading, and the Plaintiff entered into a goods supply contract with the defendant on July 12, 2017, and was supplied with by-products of pigs from the defendant from October 2017.

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