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(영문) 인천지방법원부천지원 2016.03.29 2015가단5851
계약금반환
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from January 3, 2015 to March 27, 2015.

Reasons

1. Basic facts

A. The status of the parties is a personal entrepreneur who collects and sells scrap scrap metal, recyclable steel products, etc. with the trade name of “B,” and the Defendant is a legal entity engaging in retail business of steel products.

B. 1) The Plaintiff and the Defendant: (a) Ess. Industry Co., Ltd. (hereinafter “instant scrap metal”); (b) scrap metal, such as H-Bam, Cham, Cham, steel plates, steel plates, and round-out trials, which occurred at the territory of the Defendant’s “Yju-si C site” (hereinafter “instant scrap metal”).

(2) On January 2, 2015, the Defendant agreed to purchase all of the instant scrap metal in KRW 180,000,000 between the parties to whom the said disposition was delegated. (2) Meanwhile, between the Defendant and the Defendant, the Plaintiff agreed to purchase the entirety of the instant scrap metal prior to the trial (a part of the instant scrap metal that the Defendant purchased at least KRW 95,000,000), and accordingly, remitted KRW 50,000 to the Defendant as the down payment, around January 2, 2015.

(3) According to the evidence No. 7 of the same day, the Defendant stated that E paid KRW 40,00,000 out of the price to D on December 29, 2014. However, E appeared as a witness in this court and stated that the date of payment to D was “ January 2, 2015.” Furthermore, it was necessary to confirm whether the date is “ December 29, 2014.” Furthermore, the date is “4,000,000 won” or “within January 2, 2015.” However, since there is no dispute between the parties as to the time period when the Defendant paid KRW 4,00,000 among them to D, the Plaintiff transferred the money to D on delivery to D on January 29, 2015, the Plaintiff transferred the money to D on the 1305,000,0000,000 won out of the date of delivery to D, the Plaintiff delivered the money to D on January 20, 2015.

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