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(영문) 대전지방법원 2016.06.15 2015가합105180
보증금반환
Text

1. The Defendants shall pay the following amount to the Plaintiff:

A. Defendant A: (a) KRW 277,549,480; and (b) November 5, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company whose business purpose is the maintenance (oil and fat), manufacturing, processing, and sales business. The Plaintiff is an animal residues generated from Solar Co., Ltd. (hereinafter the same shall apply) on May 1, 201 in order to stably secure waste bags necessary for the manufacture of maintenance. In order to ensure the stable maintenance of waste, the Plaintiff is a company that is engaged in the business of manufacturing and selling oil and fat.

(1) An animal residues treatment contract (hereinafter referred to as “first contract”) with the content that it is supplied by Defendant B.

2) The Plaintiff and Defendant B entered into the foregoing contract, and the Plaintiff entered into an animal residues treatment contract (Evidence 1; hereinafter “Defendant B”) with the Plaintiff as “A” and the Defendant B as “B.”

The main contents of the first contract shall be as follows:

Article 3 (Contract Items and Quantity) A shall supply A with approximately 2.5 tons of all of the residuess (influor, fat) generated or collected from a workplace every day.

(50 metric tons per month) Article 5 (Settlement Method and Deposit) A shall close the payment of the price for goods to be processed to B on a 15-day basis, pay to B within three days after the closing date, and A shall pay 150,000,000 won at the time of a contract to B in order to comply with the contract in good faith.

Article 7 (Penalty Provisions): If A violates this Agreement, the contract deposit paid to B shall be vested in B, and A shall waive the contract deposit.

Article 8 (Conditions for Compliance): A and B shall comply with the following terms and conditions of the contract, and when they fail to comply with the terms and conditions of the contract, the provisions of Article 7 of this Agreement shall apply:

1. Conditions of observance A

1.A shall observe the terms of each subparagraph of this Agreement.

2. The full volume and bones entrusted by Eul shall be treated.

3.A shall pay the price for the goods as agreed upon.

(2) Conditions of compliance with B

1. Eul must entrust the transport to Gap only all of its generation in the workplace of Eul every day.

2. Eul shall each section of this Agreement.

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