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(영문) 서울고등법원 2016.08.19 2015나2053139

철거 및 반출방해금지

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

(a) basic facts.

A. The Plaintiff as a party is a person operating the sales business of scrap iron, etc. with the trade name of “F” in the Kimhae-si, and the Defendant was a company running civil engineering and construction business in Thai-si, Thaisi, which was comprehensively succeeded to G’s rights and obligations by absorbing G on March 13, 2009.

(b) Conclusion of a sales contract with the Plaintiff * Place of safekeeping subject matter of sale: inside the D Mining Complex located in Taekk-si in Gangwon-do * Sale subject matter: Article 1 of the whole scrap metal (Sales Contract)

1. Article 1(1) of the above contract of KRW 1 billion is indicated as the down payment (which means not the down payment within the legal meaning, but the purchase price.) However, in light of the contents of Article 2 of the above contract and the details of the payment by the Plaintiff, G may recognize the fact that the purchase price of the above contract was a cause of one billion won. This seems to be a clerical error in the amount of one billion won.

The contract is entered into with the Plaintiff, and the Plaintiff shall pay the price of the scrap metal to G until the KRW 100 million was taken out, and if the amount of the down payment is reduced to KRW 10,000,00,000,000,

(VAT Map)

2. If the down payment is fully paid, the delivery account shall be carried out on the day and deposited on the next day.

Article 2 (Payment of Price)

1.At the time of the contract of down payment, G shall pay the amount of KRW 100 billion to G and shall receive it.

2. The remainder of the down payment shall be deposited into the bank account determined by G by October.

Article 4 (Removal and Removal)

1. The Plaintiff shall remove and remove from the end of October 2007, as determined by G.

Article 8 (Matters under Special Agreement)

1. The quantities of scrap metal shall be estimated to a level of 10,00 tons, the quantities of the scrap metal shall be estimated to a degree of 1,00 tons, and some changes may be made, in accordance with the work specifications and conditions;

2. The period of work shall be until the end of April 2008, and mutual consultation shall be adjusted when some changes are made according to the working conditions;

3. The unit price of the product may be adjusted under the agreement of G and the plaintiff, depending on the fluctuation of market prices.