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(영문) 수원지방법원 2015.05.01 2014나34963
계약금반환 등
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the original coffee retail trade with the trade name “C,” and the Defendant is a person engaged in the manufacture and wholesale business of synthetic resin packaging materials, including coffee bags, with the trade name “D.”

B. On August 23, 2012, the Plaintiff entered into a contract with the Defendant to supply KRW 17,094,000 (including copper and value-added tax) in total by manufacturing KRW 17,094,00 in a unit price of KRW 180,000 per unit price of KRW 0.5km (standard 175m x 330m x 330m) and KRW 30,000 in weight of KRW 1 kg coffee bags (standard 210m x 400m). On the same day, the Plaintiff paid KRW 3 million down payment to the Defendant.

C. On September 11, 2012, the Defendant sent 00 copies of 0.5km and 1kg coffee bags to the Plaintiff. On September 12, 2012, the Plaintiff demanded correction to the Defendant on the grounds that it is different from the ordered size of coffee bags, but the Defendant refused the request and notified the Plaintiff of the payment of the remainder and the receipt of the whole amount of the remainder of coffee bags produced.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and 4 (including additional number; hereinafter the same shall apply), Eul Nos. 1, 2, and 6 through 8, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The scope of the judgment of this court is, first of all, that the plaintiff sought reimbursement of KRW 70,02,475 to recover the down payment from the cancellation of the contract of this case, the return of KRW 70,000,000,000 due to the cancellation of the contract of this case and the compensation for damages, and only the defendant only filed an appeal against the judgment of the first instance that was dismissed. Thus, the part of the claim for the return of the down payment, excluding the above part of the claim for the damages which the plaintiff did not appeal, is only the object of the judgment of this court. Thus, the

B. We examine the judgment on the cause of the claim, and the defendant's weighted 0.5km coffee to the plaintiff.

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