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(영문) 서울중앙지방법원 2020.10.15 2020가단5047164
선급금 반환
Text

The defendant's KRW 60,800,000 for the plaintiff and its 6% per annum from May 16, 2019 to February 26, 2020.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 6 (including the number of branch numbers), the plaintiff entered into a contract for goods supply with payment of KRW 146,027,40 to the defendant around May 16, 2019, under which the plaintiff ordered the defendant to pay the above advance payment of KRW 146,027,40 to the defendant for household goods, such as dental medicine, etc.

According to the above facts, the above contract for the supply of goods between the plaintiff and the defendant was lawfully rescinded on or around February 5, 2020 for the reason of the defendant's failure to perform his/her duty to deliver part of the goods. Thus, the defendant is obligated to pay to the plaintiff 60,80,000 won with advance payment corresponding to the goods which was paid as advance payment due to the cancellation of the contract and damages for delay calculated at the rate of 6% per annum under the Commercial Act from May 16, 2019 to February 26, 2020 when the copy of the complaint of this case was delivered to the defendant from May 16, 2019 to February 26, 2020 when the copy of the complaint of this case was delivered to the defendant.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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