매매대금반환
1. The Defendants are jointly and severally liable to the Plaintiff for 29,221,500 won and the period from November 25, 2009 to November 4, 2013.
1. Judgment on the ground of the Plaintiff’s claim
A. The facts of recognition are corporations with business purposes, such as wastewater treatment machinery and plant production and installation business, and Defendant B Co., Ltd. (former trade name: C; hereinafter “Defendant Company”) are corporations with business purposes, such as environment-related facility production and automation facility installation business, and Defendant A is the representative director of the Defendant Company.
As the Plaintiff’s adviser, D, who was in charge of overseas business, paid 6,450,000 won on April 3, 2009, and 10,000 won on May 14, 2009 to Defendant A as research and development expenses, when he was aware of Defendant A in the course of business.
After that, the plaintiff and the defendants entered into a purchase contract on October 21, 2009.
(hereinafter “instant purchase contract”). The main contents of the instant contract are as follows:
- Supplying Goods (Article 2 and Attachments: Palm Kernel Screw Model Z500 c Z500 (hereinafter “instant machinery”): 500km/hours/hours: Main 1, speed reductioner 1, Screw 1, Fur 1Set- Goods price (Article 2): 26,565,00 won (value added tax; hereinafter the same shall apply): Advance payment 20,525,50 won: The remainder of payment 6,039,500 won: The Defendants shall be installed at the place designated by the Plaintiff at the time of delivery operation on October 21, 2009 at the time of delivery: < Amended by Act No. 973, Oct. 31, 2009>
- Compensation for damages (Article 7): The instant machine is to run a trial for a period of 72 hours at a place designated by the Plaintiff, subject to the condition that it will continue to run for 72 hours, and not more than 7 days, including the commencement date of goods driving, and to complete the final delivery at the time of the occurrence of any situation such as malfunction and malfunction of operation, etc. due to the mechanical itself; if it was impossible to run a normal trial under the said condition, the final delivery shall not be deemed to have been completed; and the Plaintiff paid the Defendants under Article 2.