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(영문) 대구지방법원 2014.10.16 2014가합200323
보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at manufacturing electric control devices and wholesale business for electric materials, etc., and the Defendant is a wired and wireless device and a company aimed at exporting and importing and selling information and communications apparatus products.

B. On September 18, 2008, the Plaintiff remitted KRW 100 million to the Defendant, and on May 28, 2009, remitted KRW 100 million to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, 2-1 and 2-2, the purport of the whole pleadings

2. Judgment on the main argument

A. The summary of the Plaintiff’s assertion was that the Defendant provided the Plaintiff with the exclusive supply contract by supplying the goods to other companies without the Plaintiff’s approval, even though the Defendant received KRW 200 million in total from the Plaintiff on September 18, 2008 and May 28, 2009, each of the KRW 100 million on September 18, 2008 and each of the KRW 100 million on May 28, 2009.

On January 10, 2014, the Plaintiff cancelled the monopoly supply contract concluded with the Defendant by serving the content-certified mail, and seek for the payment of deposit KRW 200 million and delay damages as the restitution following the cancellation of the above contract.

B. The summary of the Defendant’s assertion did not conclude a contract for exclusive supply with the Plaintiff, but the above KRW 200 million paid to the Defendant is only the down payment of the contract for the supply of telecommunications parts.

The defendant ordered the supply of telecommunication components equivalent to KRW 213,450,490 on September 2008 and received 100 million on September 10, 2008, and received 442,693,020 on May 28, 2009, respectively.

C. Determination 1) The fact that the Plaintiff remitted KRW 100 million to the Defendant on September 18, 2008, and KRW 100 million on May 28, 2009 is as seen earlier, and according to the entries in Gap evidence 14, Nos. 15-1, 2, 16, 17, and 18, and Eul evidence No. 1, the following facts are acknowledged. (a) The Gwangju Gwangju Commercial Co., Ltd. was selected as the successful bidder at the tender of the Air Force Headquarters in 2012, and between the Gun Headquarters of the Air Force and the head of the Gun headquarters on July 12, 2012.

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