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(영문) 수원지방법원 안산지원 2017.02.09 2016가합933
선급금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 651,781,859 and the interest rate of KRW 15% per annum from July 27, 2016 to the day of full payment.

Reasons

Facts of recognition

The plaintiff is a company engaged in packing and logistics transportation agency business, and its representative is a inside director C.

The defendant is a person who runs the packing and transportation business under the trade name of D, and was the former spouse of C.

The plaintiff ordered the defendant to pay part of the packing work which he received.

The Plaintiff paid advance payment to the Defendant, while paying the lower funds, so that it can be used for the purchase cost of materials and various costs. On the end of each month, the Defendant traded by issuing a written claim to the Plaintiff to settle the advance payment.

The above transaction relations between the Plaintiff and the Defendant were terminated at the end of June 2016.

The sum paid by the Plaintiff to the Defendant from around 2014 to June 30, 2016 is KRW 2,832,40,698 in cash and KRW 2,594,826,608 in cash and KRW 237,57,090 in bills.

On the other hand, the sum claimed by the Defendant from around 2014 to June 30, 2016 is KRW 2,030,372,50.

In addition, the amount paid by the Defendant to the Plaintiff in 2016 is KRW 50,249,339.

Furthermore, on March 25, 2015, the Defendant concluded a lease agreement with the Plaintiff on the land and buildings owned by the Plaintiff and agreed to set the Defendant’s obligation to return the lease deposit amount at KRW 100,000,000 in lieu of a partial repayment of the obligation to return the advance payment.

[Grounds for recognition] In light of the facts without dispute, and the facts of the above recognition as to the grounds for the claim as to Gap's statements and the whole purport of the arguments as to Gap's statements (including the number of branch numbers; hereinafter the same shall apply) and the whole purport of the argument, it can be seen that the advance payment that the plaintiff paid to the defendant from around 2014 to June 30, 2016 constitutes a total of KRW 2,832,403,698. On the other hand, the sum of the packing payment and the advance payment that the defendant claimed and repaid to the plaintiff is KRW 2,180,621,839 (=2,030,372,500), and KRW 50,249,39,000).

Therefore, the defendant does not have any special circumstances.

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