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(영문) 대구지방법원 2016.11.17 2015가합208072
보증금반환
Text

1. The defendant,

A. With respect to Plaintiff A’s KRW 218,808,860 and KRW 118,808,860 among them, from July 1, 2015, and KRW 100,000.

Reasons

1. Basic facts

A. The Plaintiff A, with the trade name of “D”, operated the wholesale and retail business of meat, and the Plaintiff B, with the trade name of “E”, operated the wholesale and retail business of food, and the Defendant Company is an enterprise established for the purpose of marriage wedding preparation agency business, etc.

B. On May 1, 2012, Plaintiff A and B supplied meat and food to the Defendant Company for one-year period between the Defendant Company and the Defendant Company; Plaintiff A as security deposit; and Plaintiff B as security deposit; and Plaintiff B shall pay KRW 100 million. However, upon termination of the contract, the Defendant Company entered into each supply contract with the purport to return it to the Plaintiffs at the time of termination of the contract; and the Plaintiffs paid each of the above security deposit to the Defendant Company around that time.

C. According to each of the above supply contracts, the Plaintiffs continuously supplied meat, food, etc. to the Defendant Company, and settled the price for supply as of the end of each month, and continued transactions under the same conditions even after the contract term expires.

Plaintiff

A, while settling the accounts for the supply of goods with a defendant company on May 18, 2015, A shall be determined as KRW 227,635,720, which has not been paid until that date. Of them, a total of KRW 217,635,720 at a discount of KRW 10,000,000 shall be determined as the unpaid payment. The defendant company made an agreement with the plaintiff on June 1, 2015 to pay KRW 1/2,826,860 among them to the plaintiff on June 30, 2015, and deposit KRW 100,000 to pay the remainder on July 30, 2015. If the defendant company fails to pay the price on the date of the above payment, the amount of KRW 10,000,000 according to the agreement shall be null and void (hereinafter “instant agreement”).

E. On June 1, 2015, Defendant Company paid KRW 108,826,860 to Plaintiff A in accordance with the said agreement, but did not pay the remainder of the outstanding payment and KRW 100 million.

F. Until July 18, 2015, Plaintiff B traded under the above supply contract with the Defendant Company. The price for supplied goods not paid by the Defendant Company is KRW 100,626,650.

(g) the defendant.

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