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(영문) 대구지방법원 서부지원 2018.01.12 2016가합51751

매매대금반환

Text

1. The defendant shall be the plaintiff.

(a) Of KRW 272,440,00 and the said money, KRW 62,040,000 shall be from February 10, 2015 to KRW 9,00. < Amended by Act No. 62653, Feb. 10, 2005>

Reasons

1. Basic facts

A. The Plaintiff entered into the instant contract is a company aimed at manufacturing automobile parts, and the Defendant is a company that aims at manufacturing and construction business.

On February 5, 2015, the Plaintiff and the Defendant are one of the joint technologies of balar metal.

The melting of the melting temperature using a melting temperature lower than the melting temperature is a contact method to prevent product transformation and damage while maintaining a proper strength by combining the narrow gap between the two components with both materials by using the propagation of melt metal, suck voice and the current customs phenomenon of the melting metal.

The melting materials used in the instant facilities are “Guide” facilities, which have been performed by Guide Brar.

The following goods transaction agreements (hereinafter referred to as “instant contract”) were concluded with the intent to produce and deliver to the Plaintiff by March 31, 2015, the sales price of which is KRW 316,000,000 (excluding value-added tax) for the instant facilities (hereinafter referred to as “instant facilities”)

Article 4(1) of the Basic Contract for Goods Transactions (Examination and Delivery) The Defendant shall produce in accordance with the standard specified in the contract and deliver goods to a place designated by the Plaintiff and pass an inspection by an inspector designated by the original high-priced, and the delivery shall be deemed completed when the approval of the Plaintiff is granted that there is no error in the construction and trial operation. Article 13(1) of the Basic Contract for Goods Transactions (Termination of Contract) The Plaintiff may unilaterally terminate the contract even when the following is created, and the Defendant may not file an objection or claim damages against it:

In such cases, all expenses incurred during the period shall be borne by the defendant, and the performance deposit (contract deposit) shall naturally be reverted to the plaintiff.

C. The defendant violated this contract by intention or negligence when it is determined that the contract cannot be performed within the prescribed payment period. C) or other reasons.