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(영문) 서울남부지방법원 2017.01.12 2015가단49433
약정금 등
Text

1. The Defendant’s KRW 51,561,00 as well as the Plaintiff’s annual rate of KRW 6% from July 1, 2015 to January 12, 2017.

Reasons

1. Basic facts

A. On September 23, 2014, between the Plaintiff and the Defendant, a stock company operating ice manufacturing and distribution business and ice manufacturing and distribution business, concluded a contract with the Defendant to supply ice manufacturing and distribution to the Plaintiff on September 23, 2014. On November 3, 2014, the Defendant entered into an agreement with the Defendant to handle ice manufacturing and distribution services at the Defendant’s responsibility and cost for a certain period of time due to defective ice manufacturing and distribution.

B. On September 26, 2014 and December 5, 2014, the Plaintiff paid a total of KRW 72 million to the Defendant for the advance payment for the ice removal on two occasions, and the Defendant supplied the Plaintiff with KRW 70 as ice removal.

C. Upon receipt of a request for storage service from the purchaser and the request for return from the plaintiff with respect to the ices supplied by the defendant, the plaintiff received the return from the purchaser and resisted the defendant on May 8, 2015, and the defendant agreed that the remaining advance payment, namely, KRW 28,450,00, after deducting the purchase price of 70,00 from the advance payment of KRW 72,000,000, which was actually supplied by the defendant, shall be placed at KRW 28,450,00, and the defendant shall return the remaining advance payment to the plaintiff. In addition, the defendant shall compensate the plaintiff for the 18,75,000,000, which is equivalent to

A. 4 Evidence, hereinafter referred to as "the advance payment return and compensation agreement of this case".

(D) On October 1, 2015, the Plaintiff sent to the Defendant a complaint containing his/her intent to terminate the instant ice supply contract, and reached the Defendant on October 1, 2015. The Defendant consented to the termination of the instant ice supply contract, thereby concluding an agreement on the instant ice supply contract. [In the absence of any dispute over the grounds for recognition, each of the entries in Gap 1, 2, 3, and 4, and the entire purport of the pleadings.]

2. The plaintiff's ground for claim

A. Inasmuch as the instant contract for the return of advance payment was terminated, the Defendant is obligated to pay the Plaintiff the remainder of KRW 29,650,000,000, which excludes KRW 42,350,000 from the advance payment amount of KRW 70.

B. The defendant supplied.

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