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(영문) 인천지방법원 2015.02.04 2014가합11808
선급금 반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 529,786,750 and the interest rate thereon from September 12, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the wholesale and retail business of fishery products under the trade name of “E,” and the Plaintiff was supplied with the instant goods from Defendant B (hereinafter “Defendant Company”), and paid KRW 3,251,37,162 to Defendant Company as advance payment from October 11, 201 to August 29, 2013.

B. The Defendant Company supplied the Plaintiff with a site equivalent to KRW 2,721,590,412 from November 5, 201 to August 29, 2013.

C. Around June 18, 2014, the Plaintiff and the Defendant Company agreed to terminate the abortion supply contract, and the Defendant Company agreed to immediately return the amount of KRW 529,786,750 (= KRW 3,251,377,162 – 2,721,590,412), out of the amount of the amount of the fallen payment that the Defendant Company received in advance from the Plaintiff, to the Plaintiff, and Defendant C and D guaranteed the Defendant Company’s joint and several obligation to return the amount of KRW 529,786,750 to the Plaintiff on the same day.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 529,786,750 and damages for delay calculated at the rate of 20% per annum from September 12, 2014 to the day after the original copy of the instant payment order was served to the Defendants.

3. The Defendants’ assertion as to the Defendants: (a) even though the Defendant Company imported an amount equivalent to KRW 750,000,000 in the Republic of Korea, which was supplied to the Plaintiff on February 2, 2013, the Defendant Company failed to pay the amount of the amount of the amount of the payment of the amount of the amount of the payment of the amount of the amount of the payment of the amount of the amount of the payment of the amount of the said amount of the amount of the payment of the amount of the amount of the payment of the amount of the money that the said amount of the payment of the said amount of money was decomposed due to the negligence of the CJ Korea Transportation Co., Ltd. (hereinafter “CJ Korea Transportation”); and (b) this constitutes a case where the payment of the amount of the

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