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(영문) 대전지방법원천안지원 2015.07.15 2015가단5251
선급금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 67,204,115 and the interest rate of KRW 20% per annum from May 20, 2015 to the day of complete payment.

Reasons

1. Indication of Claim: Based on the facts stated in the reasons for the application (Provided, That the obligee is the Plaintiff, the obligor is the Defendant, respectively), the claim in this case is interpreted as “the Plaintiff entered into a contract for the supply of the scrap metal with the Defendant around April 2014, and the Defendant paid KRW 120 million as the price for the scrap metal, but the Defendant supplied the scrap metal equivalent to KRW 42,795,885 from the Defendant and was not supplied with the scrap metal equivalent to the remainder, and thus, the claim for the payment order in this case was cancelled and the return of the remainder after deducting KRW 10 million already received from the amount equivalent to the price for the unpaid scrap metal.”

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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