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(영문) 대구지방법원 2018.09.19 2017나309331

매매대금

Text

1. The plaintiff's appeal and the claims extended by this court and the additional preliminary claims are all dismissed.

2...

Reasons

1. Basic facts

A. On December 5, 2012, the Plaintiff entered into a sales contract with the Defendant and the Defendant to sell “each cooling machine gold-type and production tools and other products” to KRW 60 million (excluding value-added tax) (hereinafter “instant sales contract”).

The details of the name and unit price of the subject matter of sale as specified in the above sales contract shall be as specified in the attached Table.

B. The sales price payment agreement of the instant sales contract is as follows.

- down payment: 25 million won shall be paid to the Plaintiff’s designated account immediately after on-site verification at the time of the contract.

- Amount of gold: To be paid simultaneously with the contract under the responsibility of the defendant.

Any balance: 20 million won shall be completed within two months after the completion of the stay in the mass production of finished products after the plaintiff's technical assistance and the production of the goods have been fulfilled (for cooling goods).

C. The Plaintiff delivered the attached list Nos. 1 through 4 to the Defendant, and the Defendant paid KRW 25 million out of the purchase price to the Plaintiff on December 6, 2012.

At the time of the conclusion of the instant sales contract, the Plaintiff: (a) at the time of the conclusion of the instant sales contract, was to deliver the goods in the attached list 5 to the Defendant, which was kept by C; (b) but was unable to pay the debt to C; and

The plaintiff, while the lawsuit of this case is pending, directly produced and delivered to the defendant the items listed in the attached list 5 to 9 of this case, and the defendant agreed to this contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, each of the statements Nos. 1, 2, Eul evidence No. 4, and the purport of the whole pleadings

2. Judgment as to the main claim

A. Although the plaintiff's assertion 1 of the parties' assertion failed to deliver to the defendant the goods specified in the attached list 5 through 9, the plaintiff directly produced and delivered the goods in accordance with the agreement with the defendant, and in return, the defendant was 20 million won to the plaintiff.