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(영문) 수원지방법원 2020.10.22 2017가단34130
하자이행보증금반환
Text

The defendant's KRW 100,000,000 for the plaintiff and its 15% per annum from November 14, 2017 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the business of manufacturing petrochemicals and the business of storing, exporting, and importing petrochemicals, and the Defendant is a company engaged in the business of operating gas stations, gas filling stations, and general petroleum retail shops.

B. On May 30, 2017, the Plaintiff, the Defendant, and C Co., Ltd. (hereinafter “Nonindicted Company”) concluded the instant oil supply contract, and the “Business Activities and Agreement on the Introduction of OEM and Origin Equiquation System” (hereinafter collectively referred to as the “instant oil supply contract”) with the content that the Plaintiff supplied the Nonparty Company with the miter oil (hereinafter “B/C oil” as indicated in the contract; hereinafter “instant oil supply contract”) from June 1, 2017 to February 28, 2018, the non-party Company would supply the Defendant.

C. At the time of the instant oil supply contract, the Plaintiff and the non-party company paid KRW 200 million each of the defective performance bonds to the Defendant, and when the instant oil supply contract is terminated, the Defendant decided to refund the said defect performance bond to the Plaintiff and the non-party company, and accordingly, the Plaintiff paid KRW 100 million to the Defendant on June 2, 2017.

From June 2017 to September 2017, the Plaintiff supplied the instant oil to the Defendant via the non-party company through the non-party company in accordance with the instant oil supply contract for about four months (the Defendant again supplied the entire quantity of the instant oil to the Defendant as “final Supplier” under the instant oil supply contract (hereinafter referred to as “D”).

) The Defendant supplied the oil to the Nonparty Company by September 26, 2017 (i.e., KRW 300,059,214 out of the oil payment (i.e., KRW 96,594,302 of the amount payable from July 1, 2017 to September 25, 2017). The Defendant unpaid the amount of KRW 166,110,419 of the amount payable from September 1, 2017 to September 26, 2017 to September 37, 2054,493 of the amount payable from September 30, 2017.

E. Accordingly, the Plaintiff and the non-party company enter into the instant supply contract on the grounds that the Defendant did not pay oil to the Defendant around September 2017.

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