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(영문) 대구지방법원김천지원 2016.01.27 2015가단30646
반환약정금 청구의 소
Text

1. The defendant is US dollars 118,240.17 and US dollars 88,834.44 among them to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established by the wurgian law, and the Defendant is a company that carries on trade business, etc.

B. The Plaintiff purchased, respectively, steel in the amount of USD 177,68.88 of the United States dollars 133.48 tons by the Defendant’s commercial invoice B (C supply contract dated January 25, 201) and KRW 44.86 tons of the commercial invoice D (E supply contract dated February 8, 2011) from the Defendant, respectively.

C. The Plaintiff paid to the Defendant both USD 236,480.34 (=$ 177,668.88 US dollars 58,81.46).

The Defendant sent the Plaintiff a bill of lading F (commercial invoice B) and bill of lading G (commercial invoice D) issued by CMA, but each of the above bills of lading was lost during the course of transportation.

E. The Plaintiff and the Defendant agreed that USD 236,480.34 of the U.S. deposit amount shall be divided into KRW 118,240.17 of the deposit amount (hereinafter “instant deposit”) and USD 118,240.17 of the U.S. deposit amount shall be returned to the Plaintiff at the maturity of the deposit and the Defendant shall return USD 118,240.17 of the U.S. deposit amount to the Plaintiff.

(f) On April 12, 2011, the Plaintiff remitted USD 118,240.17 to the Defendant of the United States dollars.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, according to the agreement of this case, the defendant, pursuant to the agreement of this case, for USD 118,240.17 and USD 88,834.44 to the plaintiff with respect to USD 118,240 of the United States bonds of this case and USD 88,834.44 of this amount, the following day of the maturity date, from April 14, 2013 to the United States currency 29,405.

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