해약금청구
The plaintiff's primary claim is dismissed.
The defendant shall pay to the plaintiff KRW 30,001,30 and its amount from June 23, 2017.
1. Facts of recognition;
A. The Plaintiff is a person who operates a private company engaged in scrap metal, non-refrupture, wholesale and retail business, etc. with the trade name of “C,” and the Defendant is a person who operates a private company engaged in vessel cancellation, removal of structures, and collection and wholesale business of scrap metal under the trade name of “D.”
B. On May 12, 2016, the Defendant entered into a ship sales contract with E Co., Ltd. with the content that F&M (ship number: G, total tonnage: 2,010 tons, nationality: Republic of Korea, type: barge: hereinafter “instant vessel”) will purchase from E Co., Ltd. for KRW 150,000,000 in the purchase price.
C. In addition, on May 12, 2016, the Defendant: (a) on the sales contract for scrap metal arising from dismantling the instant vessel between the Plaintiff and the Plaintiff on May 12, 2016 (hereinafter “instant sales contract”) Article 1: F/ barge/2010 tons of vessel number: The unit price for the scrap metal for dismantling the instant vessel under Article G2 shall be 265 won per kilogram per annum.
(Provided, That in the event of a change in the unit price of scrap metal (the defendant, hereinafter the same shall apply) Article 3, Section B (the plaintiff, hereinafter the same shall apply) "B (the plaintiff, hereinafter the same shall apply)" shall pay the down payment to the "A (Won 200,000, 5AT separate), and the advance payment of KRW 100,000 (Won 100,000,000) shall be paid on the date of the contract, and the balance shall be paid on May 17.
Article 4. The period of delivery of scrap metal shall be May 17 to May 30, 2016.
(Provided, That Article 5 shall be notified and consulted on “A” when there is a change.
1.This Agreement shall become effective upon the payment of the price for scrap metal.
2.The contract amount shall be adjusted to the extent of a shortage or surplus portion, depending on the subsequent quantities.
3. The award is referred to as “B”.
The main contents of the instant scrap metal sales contract are as follows.
The Plaintiff, according to the instant sales contract, on May 2016, the date of the contract, to the Defendant.