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(영문) 부산지방법원 2020.07.22 2019나58797

매매대금반환

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On May 24, 2013, the Plaintiff entered into a purchase agreement with the Defendant, who engages in the manufacture and supply business of the Obane, with four-wheeled 49 purchase price of KRW 127,380,400, and from March 4, 2013 to July 31, 2013 (hereinafter “instant contract”).

In the beginning, the purchase contract was entered into on March 4, 2013, but the payment period was extended on May 24, 2013, and the purpose of allowing the manufacture supply was added to the equipment specifications.

B. By July 31, 2013 under the instant contract, the Defendant supplied the Plaintiff 4-wheeled 49 Obane (hereinafter “instant Obane”) and the Plaintiff paid the purchase price in full to the Defendant as shown in attached Table 1.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of the whole pleadings]

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion 1) Although the Defendant is obligated to deliver Obane meeting the minimum quantity stated in the instant contract, the Defendant supplied Obane below the minimum quantity on the part of the Plaintiff. Accordingly, the Defendant is obliged to cancel or terminate the relevant contract and notify the other party to the contract, unless otherwise specifically stipulated in the contract, in cases where the contract deposit is reverted to the National Treasury under Article 12 (3) of the Act on Contracts to Which the State is a Party or to which the State is a Party (i) the head or contracting officer of a central government agency shall cancel or terminate the relevant contract and the other party to the contract shall be notified of the grounds for collection of liquidated damages under Article 74 (1).

In the event of a month, the following: