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(영문) 창원지방법원 2018.05.17 2017가합50280

양수금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From January 1, 2016 to December 22, 2016, the Plaintiff leased KRW 1,900,000 to Do Forest Co., Ltd. (hereinafter “Do Forest”).

B. Meanwhile, the Do Forest is produced on April 1, 2015 with Defendant Taesung Cream Co., Ltd. (hereinafter “Defendant Taesung C”); the contract amount of KRW 100,000,000; and the payment period of KRW 30,000,000 on August 15, 2015; the intermediate payment of KRW 30,000 for the first intermediate payment of KRW 30,000 for the first intermediate payment of KRW 90% or more in the production process; the remainder of KRW 30,00,000 for the second intermediate payment of KRW 30,00,000 after the completion of the contract; the remainder of KRW 10,00,000 after the completion of the contract; the remainder of KRW 70,000 after the completion of the contract; and the intermediate payment of KRW 30,000,000 after the completion of the contract (hereinafter “instant 1 contract”); and the intermediate payment of KRW 300,001,20005,20000.7,2000.

C. Dolim is produced on August 27, 2015 with Defendant TS Estomob (mutual name before alteration: hereinafter “Defendant TStomob”), on the basis of the contract price of KRW 402,00,000,000 on August 10, 2016, and on the payment period of KRW 126,00,000 on the first intermediate payment of KRW 120,60,000 on the first intermediate payment of KRW 90% or more of the production process, the second intermediate payment of KRW 80,40,000 on the second intermediate payment of KRW 80,40,00 after completion of the production process, the remainder,80,40,000 after completion of the production process.