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(영문) 울산지방법원 2015.08.20 2015가합20274
거래계약보증금반환 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 135,683,100 and the interest rate thereon from April 23, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition [the fact that there is no dispute against the Defendant Company A, the entries in the evidence Nos. 1, 2, 3, and 5, the purport of the entire pleadings, as to the Defendant Company B, and the purport of the entire pleadings, as to the Defendant Company B, and C: (1)] (i) the Plaintiff entered into a goods supply contract with the Defendant Company A on January 30, 2012, with the content that the Plaintiff would be provided with animal by-products (inwards, boness, boness) at KRW 420 per kilogramg, and 70 won per bones of the bones of the bones (hereinafter “instant goods supply contract”), and the specific content are as follows:

The supply volume: The daily unit price for supply of 2-3 tons (the whole quantity generated from the agricultural cooperative marketing center): The settlement may be adjusted under mutual consultation in proportion to the market unit price, and the settlement shall be closed on the seventh day, the tenth day, and the fifteenth day of each month and paid by the plaintiff in cash to the defendant three days after the closing date.

Contract deposit: The plaintiff shall pay 200,000,000 won to the defendant as contract deposit.

At the time of the discontinuance or termination of a contract, the defendant shall return the full amount of the deposit to the plaintiff in cash within two business days from the date of the termination or termination of the contract, and if the defendant delays the payment, he/she shall pay the payment at the interest rate of 24% per annum from the

At the time of the discontinuance or termination of a contract, the defendant may set off the obligation of the contract deposit with the contract price claim.

The contract term: The contract term shall be one year, and may be extended continuously on a yearly basis under the agreement of the original and the defendant, and where there is no expression of mutual interruption, it shall be deemed to have been automatically extended.

As to the instant goods supply contract, Defendant B and C guaranteed the Plaintiff’s obligation on the same day.

Article 20,000,000 won of the contract deposit to D at the time of January 30, 2012 in accordance with the goods supply contract of this case

hereinafter referred to as "the case."

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