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(영문) 의정부지방법원고양지원 2015.11.25 2015가합762
물품대금
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from February 14, 2015 to November 25, 2015.

Reasons

1. Basic facts

A. On January 28, 2015, the Plaintiff and the Defendant entered into a contract for the supply of goods (hereinafter “instant goods supply contract”) with the content that the Defendant supplies the Plaintiff with a price of 35 million won and 30,000 won and a price of 135,000 won. The content is as follows.

Article 2 (Transaction Contents) Contract Items: 30,720 prinse and shampoose 250 : 5,400 unit price: 165,88,000 won for total supply hours: January 30.

1. Contract deposit: Payment of the total amount of 135 million won which is 45 million won of the contract deposit on January 28, 200,000 won, which is 80 million won of the contract deposit on January 29, 290,000 won; and

2. Balance: 30,888,000 won in total, excluding down payment, - The defendant supplies the above contract item as the location of the plaintiff's location by January 30 after the contract is concluded, and the defendant pays the remainder to the defendant after confirming whether the goods are above the delivery of the plaintiff.

Article 5 (Formation, Termination, and Termination of Contracts)

2. When the contract is terminated due to the Defendant’s fault, the Defendant shall refund the full down payment to the Plaintiff by February 4, 200, and when the contract time expires, the amount calculated by adding the total down payment and the penalty to the Plaintiff by February 5, 200,000 won shall be paid to the Plaintiff by February 5.

B. The Plaintiff paid a down payment of KRW 135 million to the Defendant according to the instant goods supply contract.

The Defendant intended to be supplied with the said goods from D (E) via B (the operation of a personal business entity with the trade name “C”), and the said goods were not timely supplied due to D’s circumstances.

C. On February 6, 2015, after the filing of the instant lawsuit, the Plaintiff, the Defendant, B, and D drafted a “written consent to debt performance” with respect to the return of the said down payment of KRW 135 million, as follows:

D shall transfer the down payment to B by no later than February 15, 2015, to the designated account, and B shall transfer the down payment to the Defendant not later than February 15, 2015, to the designated account by no later than 10:00:0 on February 6, 2015, and the Defendant shall pay the down payment to the Plaintiff.

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