매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff (mutual name: D) and the Defendant (mutual name: E) concluded a contract for the manufacture and supply of ice rays as follows (hereinafter “instant contract”) on January 4, 2017, where the Plaintiff sent the form of double cups to the Plaintiff using the ice Contacting machine supplied by the Defendant, using the ice Contacting machine.
(A) The first unit of Article 1 (Contract Goods Details) A: The delivery of goods to the factory or the relevant place of the Party A, Article 3 (Delivery Method of Value-Added Tax Separately) of the Future, Article 1 (Delivery of Goods) A: The loading and unloading work shall be provided to the Party A’s factory or the relevant place.
Article 4(1) A shall manufacture and deliver the contract goods under Article 1 from the date of the contract to 60 days. Article 5(1) A shall pay the down payment of KRW 20 million at the same time as the contract is concluded.
2) Any balance shall be paid after the completion of installation and operation. Article 6 (Inspection of Goods) 1) The inspection of goods shall be conducted immediately before the delivery of the goods at the factory E.
2) A shall install a contract product at the factory of A and carry out a trial operation and technical guidance, and the period shall be five days specified and complete all inspections by A. Article 8 (Contract Ba), “A may cancel this contract when A violates this contract, and the right of A shall not be refunded, and A shall be equal to “B” and “A” shall pay twice the down payment. The Plaintiff paid the Defendant the down payment amount of KRW 20 million on January 26, 2017, and the remainder of KRW 5 million on January 26, 2017. The Plaintiff without any dispute over the grounds for recognition, “A” evidence 1, 2-1, and 2-2, and the purport of the entire pleadings as a whole.
2. The assertion and judgment
A. The summary of the argument 1 is that the Defendant, according to the contract of this case, manufactured one unit of alone difficult to know from the contract date to the 60th day from the contract date and delivered it to the Plaintiff’s factory.
Therefore, the plaintiff cancelled the contract of this case by serving the complaint of this case, and paid by the plaintiff.