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(영문) 서울중앙지방법원 2016.11.15 2015가단5171131

매매대금

Text

1. The Defendant (Counterclaim Plaintiff) shared the Plaintiff’s 10,000,000 won and its related amount from October 1, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is operating the business of plastic packaging in the name of “D”, and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company whose main business is to manufacture plastic packaging paper and wholesale and retail business, and Defendant B is the representative director of the Defendant Co., Ltd.

B. On July 10, 2014, the Plaintiff entered into a contract with the Defendant Company under which the Plaintiff sells three major air bags (three-dimensional standards-based machinery, stand-to-door machinery, stand-to-door machinery, and its parts) (hereinafter “instant sales contract”) at KRW 330,00,000, and its parts (excluding additional ones).

C. Around July 30, 2014, the Defendant Company, among the three main atmospheres subject to the instant sales contract (hereinafter “instant atmosphere”), was first transferred and used, on or around July 30, 2014, proposed that only one of the three main atmospheres already transferred among the three main atmospheres of 2014, given up the purchase of the remaining two main atmospheres, and paid only the balance of KRW 10,000,000 for the first two main atmosphere already purchased. D. The Plaintiff consented thereto.

On August 18, 2014, Defendant B agreed to the Plaintiff on July 10, 2014 as follows. The terms and conditions of the contract are 1,2, and 3, but only 1,200,000 won shall be sold under the agreement, and the remaining 2, and 3 shall be waived, and the remaining 1,20,000 won shall be paid on September 30, 201, and A shall be responsible for smooth production and operation of the said machines under an individual’s name (hereinafter referred to as the “instant factual confirmation”). < Amended by Act No. 1220, Sep. 30, 2014>

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. According to the above facts of recognition as to the principal claim, the defendant.