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(영문) 전주지방법원남원지원 2016.05.19 2016가합26
보증금반환
Text

1. The Defendant’s KRW 130,000,000 as well as 5% per annum from December 26, 2014 to January 26, 2016 to the Plaintiff.

Reasons

1. On September 1, 2014, the Plaintiff entered into a sales contract by-products of pigs (hereinafter “instant supply contract”) with C Co., Ltd. (hereinafter “SP”) on the condition that the Plaintiff will continue to be supplied with the by-products of pigs from September 1, 2014 to August 31, 2016. At the time, the Plaintiff agreed to pay deposit amounting to KRW 150 million to Nonparty Co., Ltd. and KRW 100 million for advance payment. The Plaintiff was able to terminate the instant supply contract when the goods were not supplied for more than 10 days due to the circumstances of Nonparty Co., Ltd., and the Defendant jointly and severally guaranteed the Defendant’s debt owed to the Plaintiff under the instant supply contract with the Plaintiff.

According to the instant supply contract, the Plaintiff paid KRW 200 million to Nonparty Company on August 28, 2014 and KRW 200 million on August 29, 2014 as security deposit and advance payment.

However, after December 25, 2014, Nonparty Company unilaterally ceased to supply pigs by-products to the Plaintiff, and the Plaintiff terminated the instant supply contract. Accordingly, the amount to be returned to Nonparty Company to the Plaintiff is KRW 130 million.

Therefore, the defendant, who is a joint and several surety of the non-party company, is obligated to pay to the plaintiff the above KRW 130 million and damages for delay.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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