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1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from June 20, 2013 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates the scrap metal and the non-ferrous wholesaler B, and the Defendant is a company that aims at the removal business of the non-generation structures and the wholesale and retail business of the scrap metal.
B. On August 7, 2012, the Plaintiff remitted KRW 200,000,00 to the account under the name of the Defendant.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. As to the cause of claim
A. The plaintiff asserts that the plaintiff paid KRW 200,000,000 to the defendant as advance payment based on the scrap metal sales contract concluded with the defendant, and that the above sales contract should be returned to the plaintiff, as the defendant cancelled the above sales contract on the grounds of the defendant's default.
B. In full view of the following facts and circumstances, the Plaintiff and the Defendant, around August 7, 2012, concluded a contract with the Plaintiff to start the supply of the said scrap metal (hereinafter “instant sales contract”) at the latest by the end of 200,000,000 won as an advance payment under the instant sales contract, and then the Plaintiff paid the said KRW 200,00,000 to the Plaintiff, notwithstanding the Plaintiff’s request for the supply of the scrap metal under the instant sales contract, each of the following facts and circumstances, which may be acknowledged by comprehensively taking into account the overall purport of the pleadings, are to be concluded. The Plaintiff and the Defendant, despite the Plaintiff’s request for the supply of the said scrap metal under the instant sales contract, may recognize the fact that the Defendant did not supply the said scrap metal at all at the present construction site, and contrary to this, the witness F’s testimony is likely to be trust, and there is no other counter-proof evidence.
1. On August 7, 2012, the Defendant prepared and placed a deposit sheet to the Plaintiff to the effect that “the Plaintiff received KRW 200,000,000 from the proceeds of the scrap metal from the removal of the C factory located in the Pakistan-si and from the proceeds of the scrap metal located in Gangdong-gu Seoul Metropolitan Government or Yeongdeungpo-gu E site,” and the deposit sheet to the same effect shall be set up in the deposit sheet.