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(영문) 서울남부지방법원 2016.01.12 2014가단225377
물품대금반환
Text

1. Defendant A Co., Ltd.: 58,410,000 won and 5% per annum from July 24, 2014 to August 13, 2014.

Reasons

1. Facts of recognition;

A. On November 2013, the Plaintiff entered into a contract with the Defendant A Co., Ltd. (hereinafter “Defendant A”) to supply 40,000 USBmera (USB 2.0 support, standard USB 32GA capacity, WINDDW 98SE and 3.5 cm in length) on a unit price of 11,800 won per unit (the supply price of 59,000,000 won).

(hereinafter “instant contract”). (b)

On November 22, 2013, Defendant A urged the Plaintiff to pay KRW 64,90,000 (including value-added tax) for advance payment under the instant contract, and issued a tax invoice. The Plaintiff wired KRW 58,410,00 to the corporate passbook (C) of the Defendant A.

C. On November 22, 2013, and November 25, 2013, Defendant B, a representative of Defendant A, and an intra-company director, respectively, prepared and rendered the following performance assurance to the Plaintiff.

1) On November 22, 2013, the letter of undertaking to execute the contract, and the letter of undertaking to execute the contract, the representative B received the advance payment to USB MEMRYY 40,000 supply units, will faithfully perform the supply, and will be held legally responsible for the failure to perform the payment. On November 22, 2013: B: The representative of Songpa-gu Seoul Metropolitan Government D 501: E 2: the letter of undertaking to perform the contract, signed on November 25, 2013, and signed on November 25, 2013, the representative B received the advance payment to the person who intended to execute the loan to supply the USB MEMYYY 40,000 units 5,00 units .

Accordingly, I promise to deliver and perform without fail any delay any goods in conformity with the standards set forth by the people who will act in charge of the dispute settlement and, if not, promise to assume civil and criminal responsibilities.

The name of Company A on November 25, 2013: (State Representative: F resident registration number: F resident registration number: Songpa-gu Seoul Metropolitan Government D 501

D. The sampling of the USB Meglass presented by Defendant A is the test of KTscarp.

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