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(영문) 대전고등법원 2015.01.09 2013나11483
보증금반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport.

Reasons

1. Basic facts

A. D Co., Ltd. entered into a contract between D and C fishing village fraternity on September 2010, under which C fishing village fraternity and C fishing village fraternity enter into a contract between C and C fishing village fraternity to receive a monopoly supply, and paid KRW 300 million as security deposit to C fishing village fraternity.

Among them, KRW 100 million was paid as a security deposit received from the defendant, as seen below.

B. Meanwhile, the Defendant entered into a contract and paid security deposit between the Defendant and D (i) and the Defendant entered into a contract with D regarding the price of the goods supplied by D from C fishing village fraternity at the time when D entered into a contract for the exclusive supply of the goods (hereinafter “instant contract”) as above with D (hereinafter “instant contract”).

(1) 1. The Defendant shall pay D the deposit amount of KRW 100 million by September 17, 2010, and after the termination of the transaction, D shall return the deposit to the Defendant. 2. The period of the sales contract shall be calculated based on six (6) working days per each transaction, and shall be seven (7) years from the date of production, on the basis of six (6) working days per each transaction. D shall sell approximately KRW 30 percent of the quantity supplied from C fishing village fraternity to the Defendant during the said contract period until the contract between C fishing village fraternity and D is maintained. D shall pay the deposit amount to the Defendant, and if the Defendant violated this contract, the deposit paid to D by the Defendant shall be confiscated. 2) Accordingly, the Defendant paid the deposit amount to D on September 17, 2010.

(c) Trades between the plaintiff, the defendant, D, and C fishing village fraternity;

(a).

D is supplied with the shares of D in accordance with each contract described in this paragraph by C fishing village fraternity, and sells the shares of D to the seller of fishery products, such as the plaintiff, in addition to his/her profits, and D's profits are not added to the defendant's shares.

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