(영문) 창원지방법원 2016.02.02 2015나7378 | 리걸엔진

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(영문) 창원지방법원 2016.02.02 2015나7378

계약금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. Facts of recognition;

A. On July 16, 2012, the Plaintiff entered into an agency contract under which the Plaintiff supplied products from the Defendant and sold them to customers and consumers within the jurisdiction of Hamnam-do, Hamnam-do (hereinafter “instant contract”) with the name of “C” (hereinafter “instant contract”). The instant contract includes the following:

1) The term of the contract shall be two years (Article 11 subparag. 1. 2) (the term of the contract is two years). The installation of a product is under the Plaintiff’s responsibility, and the ex post facto management and customer management are also responsible

(Article 8 (1) 3) The plaintiff stated that the contract date (the "deposit" in the contract of this case is stated as the "deposit") to the defendant, but shall be stated as a "deposit" in order to avoid confusion with the meaning of "deposit" under the law.

(4) The Plaintiff’s ordered volume shall be transported by the Defendant to the place determined by the Plaintiff and shall be responsible for the expenses incurred therefrom.

(Article 7 subparag. 1). The order of the plaintiff's product shall be an official document, and the time schedule for arrival shall be entered with the defendant.

(Article 11 subparag. 4). (b) The Plaintiff paid KRW 5,00,00 to the Defendant around that time according to the instant contract, at the end of the contract (Article 7 subparag. 2). (5) At the time of the termination of the contract, the inventory of the product is settled with the above security deposit, and if there is a shortage, it is settled with the contract standard amount (Article 11 subparag. 4).

2. Determination

A. According to the above facts, the contract of this case was terminated at the expiration of the contract term, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the deposit amount of KRW 5,00,000 and damages for delay calculated at the rate of 20% per annum from December 25, 2014 to the day of full payment, as claimed by the Plaintiff, as the day following the delivery of the original copy of the payment order of this case, as agreed by the Plaintiff.

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