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(영문) 서울고등법원 2021.01.26 2020나2000979
선급금반환
Text

1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

Reasons

1. The reasons for this part of this Court’s reasoning are as stated in Paragraph 1 of the reasoning of the judgment of the first instance, except for the dismissal as follows. Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

A. The plaintiff was supplied from the second 19th 1st 1st am to the third 1st am.

up to “The Plaintiff’s advance payment remains in the same manner as the Plaintiff’s customer director and the Defendant’s customer director on March 2017 is indicated as KRW 978,452,297.

“Aro-friendly”.

B. The third 2 pages of the first instance judgment “12 No. 12 evidence” is raised as “12 evidence, No. 22.”

2. Determination

A. According to the above facts, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the balance of advance payment 978,452,297 won as stated in the Customer Director and the delayed damages.

B. The Defendant’s assertion 1) The summary of the Defendant’s assertion is that the Plaintiff was supplied with a stone stuff and a stone boom, which was imported from the Defendant in the United States. The Defendant’s summary of the Defendant’s assertion is to pay the Defendant the profit of KRW 140 million per container in the case of a stone blick, and KRW 25 million per container in the case of a stone blick, respectively.

Since such a type of transaction was conducted by means of a bill of lading transfer following the issuance of a credit, the Plaintiff and the Defendant entered the profits to be paid by the Plaintiff to the Defendant in a separate form of account (hereinafter referred to as “passing account books”) that is distinct from the customer ledger in the course of transaction, and the said profits and advance payments paid by the Defendant have been set up in a certain amount.

At the time of the transaction between the plaintiff and the defendant, the injury accrued to the defendant that the plaintiff did not pay to the defendant is KRW 598,656,865.

Therefore, the amount that the Defendant is liable to pay to the Plaintiff shall be unpaid from the advance payment amount as stated in the Customer Director.

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