(영문) 서울남부지방법원 2016.05.24 2015가단63828

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(영문) 서울남부지방법원 2016.05.24 2015가단63828

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Defendant produced the penalty under the gold supply contract and did not deliver it to the Plaintiff, thus cancelling the gold supply contract on the grounds of nonperformance of obligations, and claiming the return of the penalty amount paid to the Defendant.

B. The defendant's assertion that the defendant produced gold punishment in accordance with the gold supply contract and delivered it to the person designated by the plaintiff. Thus, the plaintiff's argument is without merit.

2. Determination

A. A. On July 4, 2013, the Plaintiff entered into a gold supply contract with the Defendant (the date of preparation of the contract shall be July 5, 2013), with the following content as follows:

hereinafter referred to as “instant supply contract”

- The name of the goods was concluded. - The amount of tobacco cut - the amount of tobacco cut - the amount of which is KRW 5: 44,00,000 (including value-added tax) - the amount of gold produced by the Defendant shall be delivered to the place designated by the Plaintiff. 2) The Defendant, around September 30, 2013, produced the amount of gold cut in accordance with the supply contract of this case and delivered it to C.

3) The Plaintiff paid the Defendant a penalty amount of KRW 10 million on July 4, 2013, KRW 17.10 million on July 17, 2013, KRW 3 million on July 25, 2013, KRW 26 million on April 25, 2014, and KRW 26 million on a total amount of KRW 3 million on April 25, 2014. 4) also upon the Defendant’s request that the Plaintiff pay the penalty amount, the Plaintiff paid the penalty amount of KRW 4 million on behalf of the Defendant around January 25, 2014 under the instant supply contract.

5) C manufactured 1,00 items of the product around December 16, 2013, and 2,000 items of the product around January 5, 2015, and the Plaintiff accepted each product (However, the Plaintiff returned each product on December 21, 2013 and April 16, 2015).

(6) Around July 13, 2015, the Plaintiff submitted an application for the instant payment order to the Plaintiff, the Defendant: (a) around July 13, 2015; (b) around KRW 15,500,000,000,000,000,000,000 won, out of the penalty money under the instant supply contract, against the Plaintiff; and (c) KRW 44,50

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