(영문) 서울중앙지방법원 2014.12.05 2014나21730

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(영문) 서울중앙지방법원 2014.12.05 2014나21730

지급보증금반환

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

2. The plaintiff (a counterclaim defendant) shall file a counterclaim in the first instance.

Reasons

1. Facts of recognition;

A. On December 16, 2011, the Defendant entered into a contract with the Korea Russian Culture Promotion Association, an incorporated association (hereinafter “Korea Bar Association”), under which the Defendant bears the expenses incurred in importing and selling ice from Russia and the amount calculated by applying the ratio of 6% to the expenses paid by the Defendant as the Defendant’s profit, within 14 days from the date of customs clearance, and the deposit is completed within the period of 15% per annum, and the remainder, excluding the expenses paid and the Defendant’s profit, shall be the profits of the Non-Party Association, and this is the Defendant’s custody as the security for performance of the contract (hereinafter “the first contract”).

B. As a result, the Defendant received KRW 504,605,91 as a result of the import and sale of ices according to the instant first contract, but the Defendant received KRW 380,451,000,000 and remains in KRW 124,154,989.

C. On December 30, 2011, the Defendant entered into a contract that is similar to the content of the instant primary contract with the Plaintiff (hereinafter “instant secondary contract”). Article 10(1) of the instant secondary contract provides that “All contracts, agreements, etc. entered into between the Nonparty and the Defendant shall also be included in the instant contract.”

On the same day, the Plaintiff agreed with the Defendant that “The advance payment of USD 8,760 to the Defendant of the first contract shall be settled in this case to the maximum extent, shall be responsible for settlement in the following case, and 6% of the Defendant’s profits which have not been settled in the first contract shall be deducted from the subsequent revenues.”

On December 30, 2011, the Defendant paid to the Plaintiff KRW 20 million in advance with regard to import and sale under the instant secondary contract.

E. According to the second contract of this case, the result of the settlement after importation and sale of the ice scrap was 55,761.

유사 판례

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