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(영문) 창원지방법원 2020.01.22 2019가단100625
계약금 반환
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company engaged in a trade agency business, etc., and the Plaintiff (mutual name C, D) is a person who requested the Defendant to vicariously import in order to purchase the domestic products to be used in the Lestop construction work located in Jinju-si around December 2017.

In addition to other days, the plaintiff also requested the defendant to import agency of outer walls, etc. and kitchen supplies, etc. necessary for the construction of Lestop, together with the defendant.

B. On December 15, 2017, the Plaintiff, along with the Defendant’s internal director F, designated the Plaintiff as the date of importation of 1,824,504 won for the Plaintiff’s visits from around February 5, 2018 to February 5, 2018, and KRW 2,192,477,780,770, and KRW 10 (160m x 2400m x 2400m x floor 160m x 160m x 160m m x 2400m x 160m x 160m x 16,284,00 won for the Plaintiff’s visits, and the Defendant paid KRW 46,284,200 for the transport of the instant goods to the Defendant from the date of the instant visit.

C. Around January 28, 2018, GJ consigned deposited a third party at the Gewdo, China, and the third party was delivered on February 8, 2018 at the site of the construction of the said Lestop, and the third party was delivered on a different color from the third party of the instant case.

On February 8, 2018, the Plaintiff knew the Defendant of the fact that a different day from the other day of the instant case was delivered, and thereafter, the Plaintiff asserted that the Defendant’s representative director, etc. visited the said construction site directly to check the other day and promised to withdraw appropriate measures, such as return, etc., but there is no evidence to acknowledge the said assertion.

On June 16, 2018, the Plaintiff requested the Defendant to act on behalf of the Defendant for import of “I Tire (800m x 800m x 800m m) 4,125 and I Tire (800m x 400m x 400m, wall surface) 1,560m lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm lm

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