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(영문) 전주지방법원 2016.07.13 2014가합2326
계약보증금 반환 등 청구의소
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 70 million and the interest thereon from November 25, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 18, 2013, the Plaintiff entered into a sales contract (hereinafter “instant contract”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) and the new agricultural cooperative (hereinafter “Defendant agricultural cooperative”) on the following terms: (a) the Plaintiff purchased rice 452,720km from Defendant B in bidding at KRW 662,103,00 (hereinafter “instant contract”).

Article 1 (Purpose of Contract) The contract of this case is a contract for necessary matters in selling and selling rice in a bid.

Article 2 (Name, Quantity, Unit Price, etc.) The plaintiff shall deposit 70,000,000 won as the contract deposit to the defendant B, on the date of the contract under Article 3 (Contract and Deposit) of the 11,318Mama of 201, 201, kg 452,720 1,462.562,100 662,103,000 (40km Standard)

Article 4 (Contract Period and Shipment) The plaintiff shall complete the shipment from the contract date to November 30, 2013.

Provided, That if there are circumstances of the plaintiff or defendant B, it may be extended by December 6, 2013.

The defendant Shin Tae-in Agricultural Cooperatives shall immediately release rice in a bid under the contract between the plaintiff and the defendant B at the time of the plaintiff's request.

Article 5 (Limits to Acceptance of Contract Quantity) When the quantity of this contract is released, it shall be taken over at the shop in the grain storage store in the Defendant New Agricultural Cooperatives, and the shipment price shall be in tons, and the shipment price shall be deposited after the deposit into the corporate account of the Fund in the Fund of the Seoul Special Metropolitan City, which is the Defendant, according to the measurement certificate after measuring the authorized vehicle measuring station.

Article 6 (Violation of Contract) The plaintiff shall accept the contract within the acceptance period, and the contract deposit shall belong to the defendant B, and the defendant B shall compensate the plaintiff twice the contract deposit to the plaintiff when the defendant B violates the contract deposit. The defendant's new agricultural cooperative is also liable for this liability.

B. On November 18, 2013, the Plaintiff paid the contract deposit of KRW 70 million to Defendant B.

C. The Plaintiff is going to extend the shipment date of rice in a bid under the instant contract with the Defendant B by December 20, 2013.

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