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(영문) 서울동부지방법원 2019.07.05 2018나25757
선급금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 2016, the Plaintiff concluded a purchase contract to supply E and 134 kinds of goods, 21 kinds of food prevention agents, strings, emergency fire pumps, and the exchange formula for power generators.

B. In order to secure each of the above goods to be supplied to E, the Plaintiff entered into a purchase contract with F Co., Ltd. and F on July 1, 2016, and Class 134 of the above goods and Class 21 of the corrosion Prevention System, and remitted the price of the goods to a deposit account in the name of the above company. The purchase contract with the Defendant on October 4, 2016 for Class 1 of the contract amount of KRW 170 million (hereinafter “the first purchase contract”); on October 19, 2016, for Class 1 of the emergency fire extinguishing pumps (hereinafter “the second purchase contract”); and on October 19, 2016, the purchase contract for KRW 22 billion for the first purchase contract with the Defendant’s deposit account; on October 1, 2016, each of the first purchase contract for KRW 80,000,0000 (hereinafter “each of the instant purchase contract”); and on October 1, 2016, each of the Defendant’s deposit account.

C. On October 5, 2016, the Defendant remitted KRW 100 million out of the said money remitted by the Plaintiff, and KRW 80,80,000,000 from the Plaintiff on October 21, 2016 to each C.

The Defendant issued a tax invoice for each of the above down payment to the Plaintiff as the recipient of the payment, and subsequently, the supply of goods was not smooth, and each of the above tax invoices was revoked at the Plaintiff’s request.

E. On January 30, 2018, the Plaintiff expressed his intent to cancel each purchase contract of this case through a preparatory document dated January 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, Eul witness I's testimony and the purport of the whole pleadings

2. According to the fact that the Defendant’s obligation to return the price of the goods was acknowledged, each purchase contract of this case was rescinded by the Plaintiff’s declaration of intent to cancel the contract on the ground of the Defendant’

The defendant did not specify the payment period according to each purchase contract of this case.

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