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(영문) 수원지방법원 안산지원 2018.04.12 2017가합7245

매매대금반환

Text

1. As to the Plaintiff KRW 233,640,00 and KRW 77,880,00 among them, the Defendant shall pay to the Plaintiff KRW 103,840,00 from October 5, 2016, and KRW 103,840,00.

Reasons

1. Basic facts

A. The Plaintiff is a company running the business of manufacturing and supplying surface treatment machinery and equipment, and the Defendant is a business entity that mainly aims at manufacturing semiconductor parts, etc. with husband C, along with husband C.

B. While the Plaintiff supplied Samsung Electricity Co., Ltd. (hereinafter “Ssung Electricity”), it entered into a contract to supply equipment necessary for automation of the KESM plant, a joint venture, a joint venture, established with Samsung Electricity, China, and China (hereinafter “Cunsan plant”).

C. On September 30, 2016, in order to implement the above Samsung Electricity contract, the Plaintiff entered into a contract under which the Defendant is to be supplied with an individual clambet (hereinafter “instant contract”), and agreed on the Plaintiff’s “A” company’s “B” as “B,” and the contract goods, price, equipment, and specifications.

The main contents thereof are as shown in the attached Form.

Meanwhile, while entering into the instant contract, the Plaintiff and the Defendant additionally stated the following conditions under the item “Article 2” (the period of installation and installation date).

“(as of November 23, 190)”, “(as of November 20, 4 set(as of November 20)”

E. On October 4, 2016, the Plaintiff paid the Defendant KRW 77,880,00 as down payment, KRW 103,840,00 as the first intermediate payment on January 17, 2017, and KRW 51,920,00 as the second intermediate payment on March 11, 2017, and KRW 233,640,000 in total.

F. Around February 2017, the Defendant supplied the Clambet (hereinafter “instant baret”) manufactured by the Defendant at the Kunun Industrial Complex designated by the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. Unlike as agreed upon in the instant contract, the instant barket supplied by the Plaintiff Defendant is not suitable for the automation of factory facilities, and thus, the instant barket is normally operated at the Kunun Industrial Complex.