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(영문) 의정부지방법원고양지원 2017.11.24 2017가단5214

매매대금

Text

1. The request is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. As the Plaintiff had a claim for the price of goods to C but failed to receive reimbursement, C’s auction proceeds and sold them to a third party and appropriated them for repayment, however, the money to participate in the auction was insufficient.

Therefore, the Plaintiff is obliged to receive the money necessary to receive the award of the printing machine from the Defendant who runs the wholesale business of the printing machine from the Defendant, and instead, to pay the Defendant KRW 160 million to the Defendant.

'A request for funding', and the defendant accepted the funding.

B. The auction date of the printing machine of this case was December 21, 201 09:00.

On the following day, the following day was punished.

(1) Before the commencement of auction, the Plaintiff and the Defendant entered into a pre-sale contract for the instant printing machine, and the Plaintiff entered into a printing machine sales contract with the Defendant to pay KRW 160 million to the Plaintiff at the time of release of the machine.

(2) At 09: (a) the Plaintiff received funding from the Defendant on the date of the auction at 09:20 million won.

The plaintiff set off 174,849,767 out of the sale price with his own bonds and paid the remainder as the purchase price.

(3) Under the agreement, the Plaintiff entered the Defendant with all the documents regarding the printing machine of this case, and the Defendant intended to remove the machine of this case, but failed due to C et al.’s failure to sell it to a third party.

(4) The Defendant, as the Plaintiff’s proposal, sold the instant printing machine to C for KRW 270 million.

C. By February 28, 2012, C decided to pay 170 million won for the remaining trade until February 28, 2012, but has not yet been paid.

[Ground for Recognition: Facts without dispute, entry of evidence A No. 12 in the evidence No. 12, purport of whole pleadings]

2. Assertion and determination

A. As to the fact that the Defendant’s monetary obligation is recognized, the Defendant’s printing machine of this case from the Plaintiff.