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Reasons
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(영문) 창원지방법원진주지원 2020.01.08 2019가단32077
선수금등반환 청구의소
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1. The Plaintiff:

A. As to the Defendant C’s KRW 82,50,000 and KRW 30,000 among them, Defendant C shall have the effect on March 11, 2019, and KRW 20,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a wholesale and retail business with the trade name of “D”, and the Defendants are those who run a construction business with the trade name of “E”.

B. On June 23, 2018, the Plaintiff drafted a scrap metal sales contract (hereinafter “instant contract”) with Defendant C to purchase scrap metal from the Defendants, and the said contract bears the seals affixed thereon.

C. Under the instant contract, the Plaintiff paid KRW 72,500,000 to the Defendants as advance payment for scrap metal sales.

The Defendants did not supply scrap metal to the Plaintiff, and on February 2, 2019, Defendant C prepared a letter of intent to pay the Plaintiff penalty of KRW 10,000,000 to the Plaintiff by February 7, 2019, and advance payment of KRW 72,50,000 to the Plaintiff by March 6, 2019 or March 7, 2019 (hereinafter “instant letter”).

E. Defendant C was unable to pay a penalty, and on February 12, 2019, KRW 30,000,000, out of advance payment, to the Plaintiff until March 10, 2019, KRW 20,000,000 on April 10, 2019, stated that it is KRW 25,00,000 on the performance note of KRW 22,50,000 on April 10, 2019 (Evidence evidence 3), but it appears to be a clerical error of KRW 22,50,00 on the part of the Plaintiff.

No later than May 15, 2019, the Company prepared a statement of performance (hereinafter “instant statement of performance”) stating that payment of penalty of KRW 10,000,000 shall be made and that penalty of KRW 10,000 shall be paid if the obligation is not performed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff paid KRW 72,500,000 to the Defendants for advance payment under the instant contract, but the Defendants did not supply scrap metal until now.

Therefore, the defendants are jointly and severally liable to pay the above KRW 72,50,000 as well as the penalty of KRW 10,000 as well as damages for delay.

B. Defendant B is a representative under the name of E, and all the duties were handled by Defendant C, the birthee.

Defendant B.

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