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(영문) 부산지방법원 2015.05.28 2014가단91972
선수금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 50,765,200 and a rate of KRW 20% per annum from November 5, 2014 to the date of complete payment.

Reasons

On January 24, 2014, the Plaintiff agreed to be supplied with the scrap metal and steel for the curriculum, etc. from January 24, 2014 to February 25, 2014, and paid 55 million won to the Defendant. However, the Plaintiff was provided with only 7,135 km of the curriculum amounting to 4,234,80 won at the market price, and the remaining scrap metal, etc. was not provided, may be recognized by adding the entire purport of the pleadings to each entry in the evidence Nos. 1 through 4.

The plaintiff asserts to the effect that the defendant defrauded the money equivalent to the advance payment by deceiving himself, but in light of the circumstances where the defendant supplied scrap metal, it is insufficient to say that the defendant deceivings the plaintiff for the purpose of deceiving the plaintiff by deceiving the plaintiff only by the evidence of the submission of the plaintiff.

However, if the plaintiff's assertion is asserted to the effect that the contract is terminated due to the defendant's failure to perform his/her duty to supply the scrap metal, etc., the above supply contract was terminated by the delivery of the complaint of this case on November 4, 2014, and the defendant is obligated to return the amount equivalent to the amount obtained by deducting the amount of scrap metal already supplied from the plaintiff.

(A) The Defendant is obligated to pay to the Plaintiff a refund amounting to 50,765,200 won (55 million won - 4,234,800 won) and damages for delay at the rate of 20% per annum from November 5, 2014 to the date of full payment, and thus, the Defendant is obliged to accept the Plaintiff’s claim within the above recognized scope and decide as per Disposition.

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