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(영문) 수원지방법원안산지원 2015.06.19 2014가단17046
보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that manufactures and processes food, and the Defendant is a corporation that manufactures, processes, and engages in wholesale and retail business of agricultural and livestock products.

B. On September 30, 201, the Plaintiff remitted KRW 100,000,00 to the account under the name of the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff agreed to receive pigs by-products from the Defendant around September 201. On September 30, 201, the Plaintiff paid KRW 100,000 as the deposit for the said transaction on September 30, 201. The said transaction was terminated around September 2012. On September 25, 2012, the Plaintiff returned KRW 31,34,500 out of the said KRW 100,000 to the Plaintiff on December 4, 201, KRW 305, KRW 68,65,50 (= KRW 100,000, KRW 31,344,50, KRW 300) to the Plaintiff, KRW 305, KRW 10, KRW 300, KRW 100, KRW 100, KRW 300, KRW 301, KRW 201, KRW 205, KRW 201, KRW 201, KRW 2015.

Therefore, the defendant received the above KRW 100,000,000 from the repayment of the goods price claim against A, and it does not conclude a supply contract with the plaintiff for by-products of pigs or receive the above money as a transaction deposit.

In addition, the defendant did not pay KRW 31,344,50 to the plaintiff on September 25, 2012.

B. Determination Doesck;

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