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(영문) 서울중앙지방법원 2021.03.11 2020가단7574
선급금반환
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. A. Around July 2017, between the Plaintiff and the Defendant Company B (hereinafter “Defendant Company”), the Plaintiff entered into a basic contract with the effect that the Plaintiff would continuously be supplied with the household product from the Defendant Company. Defendant C, the actual manager of the Defendant Company, guaranteed the Defendant Company’s obligation to pay to the Plaintiff according to the continuous transaction.

B. On July 2017, the Plaintiff entered into an individual contract based on the said basic contract with the Defendant Company (hereinafter “first individual contract”) with the following: (a) the details of the individual contract entered into in this case are as follows.

B DF EG

C. After the conclusion of a contract, the unit price for the mixture as above was reduced to 105,00 won, and the unit price for the pipe’s supply was reduced to 5,000 won, respectively. The Plaintiff received from the Defendant Company the entire quantity of mixing and posters, which are home appliances as provided for in the first individual contract, from December 5, 2017 to September 4, 2018, and without preparing a separate contract, other products, such as panty and panty, were supplied (hereinafter “additional transactions”). On the other hand, some of the products supplied were returned under the agreement between the Plaintiff and the Defendant Company.

(d)

On July 4, 2017, the Plaintiff deposited KRW 50 million, KRW 40 million on May 10, 2018, KRW 10 million on June 28, 2018, KRW 20 million on August 9, 2018, KRW 70 million on September 4, 2018, KRW 30 million on September 20, 2018, and KRW 220 million on the Defendant Company.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that KRW 220,00,000, including advance payment of KRW 50,000,000, was paid to the Defendant Company, and was supplied by the Defendant Company with household appliances equivalent to KRW 163,767,00. Of them, the Plaintiff returned products equivalent to KRW 1,878,200.

Therefore, the defendants jointly and severally paid to the plaintiff 58,00,200 won (220,000,000 won - 163,767,00 won 1,878.

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