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(영문) 대전지방법원천안지원 2014.08.29 2014가합1310
선급금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of selling, exporting, and importing, etc., recyclable electronic components, and the Defendant is a company established for the purpose of semiconductor-related trade, manufacturing, and service business.

B. On January 23, 2014, the Plaintiff made a tender through the staff after hearing the awareness that there was a bid for 12 persons, 8 persons wafers, and 12 persons wafers, from the practical theory of El branch up to 00:00 on January 23, 2014, the Plaintiff’s representative director C asked D, a representative of the Defendant, to participate in the said tender on behalf of the Plaintiff on January 22, 2014.

C. The Defendant: (a) paid 4% of the successful bid price to the Plaintiff when the Defendant participated in the bid, and (b) paid 4% of the successful bid price as an agency fee; and (c) made the Defendant purchase the wafers of the specifications desired by the Defendant among the awarded goods.

Accordingly, the plaintiff accepted the above demand of the defendant, and transferred 30,000,000 won to the defendant on the same day as the down payment.

On January 23, 2014, the Defendant participated in the above bid at the price offered by the Plaintiff and won the above wafer in US$ 750,000. The Plaintiff transferred 100,000 to the Defendant as contract deposit on the same day. The Defendant returned 30,000,000 won transferred from the Plaintiff to the Plaintiff.

E. However, the bid price was not paid by the deadline for the payment of the bid price, and accordingly the Defendant’s bid price was revoked.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1, 2, and 3, Eul 1, 2, and 3, the witness E's testimony, and the purport of the whole pleading

2. The defendant's judgment on the defendant's main defense is "Seoul Gangnam-gu F," and the jurisdiction of this case is the Seoul Central District Court having jurisdiction over the defendant's domicile, and the plaintiff's lawsuit of this case is filed with the Daejeon District Court having jurisdiction over his domicile.

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