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(영문) 인천지방법원 2018.07.17 2017나9749
보증금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 4,341,50 on November 2015.

Reasons

1. The reasons why this Court has stated in this part of the underlying facts shall be the first instance judgment.

In addition to the third part of the judgment “2012. Jun. 2, 2012,” the part concerning the “2012. Jun. 2, 2012” is as stated in the corresponding part of the reasoning of the judgment of the first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On October 2012, the Plaintiff asserted that the Plaintiff entered into a waste disposal contract (hereinafter “the first contract”) with C, the Defendant’s actual operator, under the condition that deposit amount of KRW 5,000,000,000, under which the Plaintiff would be provided with animal residues from E.

After that, on November 9, 2012, C requested the Plaintiff to pay additional amount of KRW 5 million on the same day as a check, and C again requested to pay KRW 5 million on the same day as the check. At the end of November 2011, C again requested to further pay KRW 20 million as a deposit in addition to the amount of the above residual material. Upon the request, C transferred KRW 20 million to H (H) on November 21, 201, which is the Defendant’s business partner, to H (hereinafter “H”). Ultimately, the deposit amount became KRW 30 million.

The plaintiff is "I" corporation at the request of the defendant that it is necessary to obtain the YCCP certification.

On October 31, 2014, which stated the deposit amount of KRW 29,300,000 between the defendant and the defendant, was prepared in the name of the defendant.

Therefore, the defendant's 30,000,000 won, which was agreed to be settled and deducted by the supply of goods, stated that the plaintiff is 658,500 won in the appellate brief that the accurate amount is 658,500 won.

The obligation to return KRW 29,300,000 calculated by subtracting B, shall be the duty to return.

3. Determination

A. The Defendant comprehensively acquired E’s business rights and obligations.

In addition, the plaintiff paid 5,00,000 won to the defendant on October 23, 2012 and traded animal residues from the defendant.

(b).

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