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Reasons
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(영문) 창원지방법원 진주지원 2018.11.14 2018가단1267
선수금반환
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1. The Defendant: (a) KRW 102,19,100 for the Plaintiff and 6% per annum from January 27, 2018 to November 14, 2018; and (b) the Plaintiff.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4.

The plaintiff is a company that engages in the business of processing and collecting recyclable products.

B. On March 29, 2014, the Plaintiff and the Defendant concluded a sales contract under which the Plaintiff purchased scrap metal from the Defendant (hereinafter “instant sales contract”).

Article 2 [Temporary Address] Article 3 [Construction Period] Commencement Date of Construction Works in Gyeonggi-do, March 29, 2014: Article 4 [Contract Amount] of April 10, 2014

1. Contract deposit: Error0 million won at the time of concluding a contract;

2. Part payments;

3. Balance: 10 million won at the time of shipment of the goods. ① 430 won per 1 kilogram, including the scrap metal in the above address.

(2) The contract amount shall be 50 million won, and 50 million won shall be paid by March 31, 2014, and 100 million won shall be paid at the time of shipment, and the remainder shall be settled.

C. As the price for the instant sales contract, the Plaintiff paid KRW 50 million to the Defendant on March 29, 2014, KRW 50 million on March 31, 2014, KRW 30 million on April 2, 2014, and KRW 70 million on April 4, 2014, respectively.

(total amount of 200 million won).

According to the instant sales contract, the scrap metal supplied by the Plaintiff at the Defendant’s site B in the Seosung-si of Gyeonggi-do is 227,630 g.

E. Since then, the Defendant entered in the instant sales contract in addition to the phrase “the sn beamline per kg at the time of the failure by April 12, 2014” in the said sales contract, “the kg beamline shall be shipped to 380 won. (The 2 bonded warehouse site).” The Defendant did not supply the Plaintiff with the sn beam or h beam beam to the next day.

2. Determination

A. According to the above facts, 97,880,90 won per Kg for scrap metal 227,630 km supplied by the Defendant pursuant to the instant sales contract, and 102,119,100 won is deducted from 200 million won already paid by the Plaintiff to the Defendant. The Defendant paid the above amount among advance 200 million won to the Plaintiff.

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