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(영문) 수원지방법원 2015.09.09 2014가단50247
보증금반환
Text

1. The defendant shall pay 89,511,000 won to the plaintiff and 20% per annum from October 8, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who collects a strike, etc. under the trade name of “C,” and the Defendant is a person who carries on the business, such as printing and printing in the trade name of “D.”

B. Around April 2012, the Plaintiff sold to the Defendant the paper stuffing machine that he/she kept in custody at KRW 35 million.

C. The Defendant purchased a paper stuff manufacturing machine to the Plaintiff, and the Plaintiff received a right to re-recilate for at least 50 tons per month from his factory, and the Plaintiff paid the Defendant a deposit amount of KRW 110 million in total, including KRW 20 million on May 23, 2012, and KRW 90 million on June 1, 2012, on the condition that the amount actually collected during the contract period of two years was settled according to the actual collected amount.

On June 1, 2012, the Defendant paid KRW 38.5 million (including value-added tax) to the Plaintiff out of the deposit received from the Plaintiff on June 1, 2012, and the Plaintiff issued a tax invoice and reported value-added tax in relation to the said sale.

E. From June 13, 2012 to May 25, 2014, the Plaintiff collected a total of 203,210 kilograms from the Defendant on a 51-time basis (on an average monthly basis, a total of about 8.8 tons per annum) and the price of the land sold at the time (kg KRW 80 to KRW 100) is the aggregate amount of KRW 20,489,000.

[Ground of recognition] Facts without dispute, Gap 1, 2-1, 2-2, 3, 5-3-5, 6, 8-1 to 8-51, 9-11 to 15-21, some of witness E and F testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment as to the cause of the Plaintiff’s claim, the Defendant shall pay KRW 110 million to KRW 10 million and KRW 20,511,00,000 calculated by deducting KRW 20,489,00, which is the value of the place where the Plaintiff was removed from the Defendant’s factory for two years, from the contract period of the Plaintiff’s advance payment, and as sought by the Plaintiff, 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 8, 2014 to the date of full payment.

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