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(영문) 대구지방법원영덕지원 2014.11.11 2014가단951
선도금반환
Text

1. The Defendant shall pay 40,000,000 won to the Plaintiff and 20% per annum from April 30, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 29, 2013, the Plaintiff entered into a contract with the Defendant on aggregate dredging (hereinafter “instant contract”) between the Defendant and the Young-gu Military Head of Yeongdeungpo-gu (the date of permission is November 13, 2013, and the period of extraction and release is up to February 28, 2014, and the amount of extraction is up to 15,629 cubic meters from the date of permission) on the aggregate dredging between the Defendant and the Defendant, and the main contents are as follows:

1. “1. The Defendant issued a surety insurance policy and submitted the commencement period to the government office, and the Plaintiff shall assist the Defendant in a cash of KRW 100 million. The Plaintiff’s production cost set off on March 1, 200 per cubic meter shall be KRW 5,00,000 per cubic meter. The sand value set off on production cost shall be KRW 13,00 per cubic meter. 4. The Defendant consumed the Plaintiff’s whole sand amount when the said condition is established on the part of the Plaintiff: Provided, That the sand value shall be set by offsetting the Defendant

B. On November 28, 2013 upon the Defendant’s request, the Plaintiff transferred KRW 40 million out of the KRW 100 million stipulated in paragraph (1) of the instant contract to the Defendant prior to the time stipulated in paragraph (1) above.

C. On January 9, 2014, between B and B, the Defendant entered into a equipment lease agreement stating that “B shall take aggregate ( sand) by inserting dredging lines to the land of this case and settle the accounts at KRW 2,000 per 1 cubic meter of sand taken from the rent to B, and shall be paid at the end of each month on the last day of each month” (hereinafter “instant lease agreement”), and B collected aggregate by inserting dredging lines to the land of this case after entering into the instant lease agreement.

On the other hand, on January 29, 2014, the defendant submitted the starting system to Young-gun.

[Ground for Recognition] : Facts without dispute, Gap evidence 1 through Gap evidence 3, Eul evidence 2, Eul evidence 4, witness C and Eul's testimony, the purport of whole pleadings

2. Determination

A. According to the facts acknowledged in the first day of the judgment as to the plaintiff's cause of action, the defendant of this case.

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