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(영문) 대구지방법원서부지원 2014.06.12 2013가합288
선수금반환
Text

1. All of the principal claim and counterclaim claim in this case are dismissed.

2. Of the costs of lawsuit, the parts arising from the principal lawsuit.

Reasons

1. Determination on the main claim

A. Facts of recognition 1) The Plaintiff is a person engaged in the manufacture and sales business of the trade name, chapter, decoration, etc. of “E” in the Seogu-gu, Daegu-gu, and the Defendant Union is a person engaged in a joint purchase business of agricultural products established and emerging pursuant to the Small and Medium Enterprise Cooperatives Act in order to promote the sound development of the funeral industry and the independent economic activities among its members, and the Defendant C is a person who works for the managing director of the Defendant Union. 2) The time when the instant confirmation was written on April 5, 2010 by the Defendant Union. The Plaintiff asserted that the date of preparation of the instant confirmation was as of April 5, 2010 in the warden, while the Plaintiff’s complaint was corrected as of May 4, 2010 in the preparatory brief dated April 7, 2014, while the Defendants recognized that the preparation was made on April 5, 2010 from the preparatory brief dated April 8, 2014.

As a guarantor, Defendant C prepared a letter of confirmation of advance payment of the price for the rise that “I confirm that the Plaintiff deposited the amount of KRW 500 million in the advance payment for the rise supplied by the Defendant Union, and I, upon the Plaintiff’s request, promise to return in kind or in cash.” (hereinafter “instant letter of confirmation”) and issued it to the Plaintiff.

On May 10, 2010, the Plaintiff remitted total of KRW 500 million to the Defendant Cooperative Account (Account Number F) on May 10, 2010, and KRW 200 million on May 14, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5 (including virtual number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

B. The plaintiff asserted that the defendant union is jointly obligated to pay the above KRW 500 million and delay damages to the plaintiff, since the defendant union paid or lent the amount of KRW 500 million to the defendant union to the rise price, and thereafter the defendant union did not pay the amount of money to the plaintiff.

For this reason,

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