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(영문) 부산지방법원서부지원 2019.10.30 2019가단102886

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 18, 2014, the Plaintiff decided to purchase two automatic iron plates (hereinafter “instant machines”) from the Defendant to KRW 76 million (excluding value-added tax) and entered into a sales contract with the following contents (hereinafter “instant sales contract”).

March 18, 2014 (Deposit Date of Contract Deposit)

(b) The supply price for automatically remodeling the contract items and the automatic high-saw machine from half of the contract price system in Germany: 76 million won (value-added tax of 7.6 million won); and

(c) Within June 10, 2014 from the delivery date;

(e)on March 18, 2014, the payment method is to transfer the full amount of KRW 20 million, the remainder of KRW 63.6 million to the Defendant Company’s account on the date of release of saw machines.

(f) by June 10, 2014, the above saw machinery shall be shipped out of the Defendant Company factory by no later than the date of delivery of machinery.

(g) Method of trial operation: to run a trial in the factory of defendant company;

(h) at least 50 per cent of the items of return and guarantee, the alteration at will of the Defendant Company, and the Defendant Company, after the alteration, shall sell without liability any return and guarantee.

B. After that, the Plaintiff issued an additional order to the Defendant to supply a total of three of the instant machines to the Plaintiff.

C. From March 18, 2014 to August 27, 2014, the Plaintiff paid a total of KRW 126.5 million to the Defendant as the price for goods for the instant machinery.

On the other hand, at that time, the Plaintiff concluded a sales contract to sell the instant machinery with C, and C concluded a sales contract to sell the instant machinery to D Co., Ltd. (hereinafter “D”) for the sale of the instant machinery to KRW 163 million (excluding value-added tax).

E. C, even if the instant machinery was installed inside D’s factory on August 28, 2014, it was not paid KRW 49,300,000 from D’s purchase price for the instant machinery, and thus, sought payment of the said money from Daegu District Court No. 2014Ga45970.