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Reasons
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(영문) 수원지방법원 2015.01.27 2013가단100893
계약금등
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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. On May 18, 2012, the Plaintiff’s assertion entered into a basic transaction agreement with the Defendant and C Co., Ltd. on the supply of measuring instruments for lighting fixtures, and 20 million won as down payment on May 11, 2012 to the Defendant;

5. 24. 24. The Defendant paid KRW 30 million as an intermediate payment, and KRW 50 million in total. The Defendant asserts that he/she sought the return of the said down payment and intermediate payment, as he/she expressed his/her intention to terminate the contract on July 19, 2013, on the ground that he/she failed to perform all the obligations, such as bringing-in and temporary installation.

2. Facts of recognition;

A. On April 1, 2012, the Plaintiff negotiated the supply of Non-Party E and Eldi lighting measuring equipment, etc., and prepared a written statement of the company’s internal contents purchased from the Defendant on May 11, 2012, and transferred KRW 20 million to the Defendant’s account on the same day on the same day.

B. On May 18, 2012, the Plaintiff, the Defendant, and C Co., Ltd. entered into a basic transaction agreement on the promotion of the supply of lighting products to Samsung Electronic, etc., and the Plaintiff’s obligation under the aforementioned contract lies in the Plaintiff’s acquisition of products to be supplied to Samsung Electronic, thereby promoting the supply of OEM, ODM, and the Plaintiff’s product business activities.

C. On May 24, 2012, the Plaintiff remitted KRW 30 million to the Defendant’s account, and the Defendant paid KRW 50 million to E at the Plaintiff’s regular business D’s request.

As a result, D has drawn up a written confirmation to the Defendant at the Defendant’s request that “it will not raise any objection to the execution of the above 30 million won.”

E on August 10, 2012, the wife F prepared and delivered a loan certificate for KRW 30,300,000 received from the Plaintiff at the Plaintiff’s request in the name of E, which is in force on August 10, 2012.

(e).

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