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(영문) 창원지방법원 2018.11.08 2017나61789

계약금 및 중도금반환

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 2016, the Plaintiff and C agreed to operate a partnership business with C to purchase factory machinery as well as process valves, disks, disks, etc., and the Plaintiff and C agreed to invest money, but process it as machinery at the site, the Plaintiff’s business management will take charge of business management, and distribute profits according to the amount of investment.

B. On March 2016, the Plaintiff visited the Defendant’s place of business, along with C, to purchase writing machines at the end of the period of time. Afterward, the Defendant sent a quotation for mid- and long-term writing machines to C, and C, with the price of machinery, sent KRW 50 million on April 16, 2016, and KRW 30 million on April 29, 2016, to the Defendant. On April 29, 2016, the Defendant: (a) two of the CNC vertical line and two of the two of the two of the two of the two of the three of the two of the two categories (one of the two Korea EM 12 p.m. and one of the f. 12 p.m. system); (b) one of the two of the three of the three of the three of the three of the three of the three of the three of the three of the three of the three of the two of the three of the three of the two of the three of the three of the three of the three of the two of the three of the two of the three of the two.

was made up of May 18, 2016 with the content that the Defendant would purchase the goods and deliver the goods.

(hereinafter referred to as the “instant sales contract”). The price per unit of the listed mechanical name f. CNC vertical line f.12 Korea f.1,5 million won f.1,000 won f.1,000 won f.25-10,000 won f.1,000 won f.25,000 won f.1,000 won f.1,5 million won f.12,000 won f.35,000 won f.3,000 won f.1,000 f.1,000 US f.15,000 won f.