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(영문) 제주지방법원 2015.08.11 2015가단50391
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The original and the Defendant is a corporation established for the purpose of collecting and selling each scrap metal;

On March 2014, the original and the Defendant entered into a contract with the following terms (hereinafter “instant contract”).

1. Total amount of a contract 400 million won - Part payments of 50 million won - Part payments of 250 million won ( March 31, 2014): 100 million won (value-added tax)

2. Period of contract by May 10, 2016;

3. Contents - From the following day of the payment of the remainder - All the powers of the Defendant’s workplace to purchase recyclables shall be transferred to the Plaintiff.

Provided, That among the purchased recyclables, scrap metal, non-ferrous, work metal and softs shall be settled on the same day and transferred to the defendant;

(c)the newspaper shall be transferred in real weight upon arrival of the factory;

The unit cost of transfer and acquisition shall be determined by reflecting the current situation with mutual agreement.

- The plaintiff will be transferred to compressors and sckes installed in the defendant's workplace.

- Operating expenses (electric duties and public charges) to be paid at the defendant's workplace shall be borne by each half of the costs and the defendant's joint use.

- A contract termination clause: Where the payment is not made at the time of promise of intermediate payment, and where the plaintiff sells the newspaper, scrap metal, non-ferrous, work scrap metal, and skins to the other party alone without consultation with the defendant, from among recycled products purchased at the original level at the defendant's workplace, the defendant may notify the plaintiff of the reversal of the contract.

- part payments of KRW 250 million

4. No down payment shall be refunded to KRW 50 million, if not paid up to 31.

B. In accordance with the instant contract, the Plaintiff worked in the Defendant’s workplace until October 2014, and supplied the result to the Defendant, and on December 31, 2014, agreed with the Defendant to enter into the instant contract.

Around January 2015, the Defendant returned KRW 310 million to the Plaintiff.

C. Meanwhile, in accordance with the contract of this case, the plaintiff was at the defendant's workplace compressors and sckes (hereinafter "the plaintiff of this case") 15.5 billion won.

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