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(영문) 수원지방법원 2018.05.03 2017가단506710

물품대금반환 및 손해배상금 청구

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1. The Defendant (Counterclaim Plaintiff) paid KRW 32,883,593 to the Plaintiff (Counterclaim Defendant) and its related amount from March 4, 2017 to May 3, 2018.

Reasons

Facts of recognition

The plaintiff is engaged in the business of manufacturing and selling automation equipment in Suwon-si, Suwon-si, Suwon-si, and the defendant is a company with the purpose of manufacturing electronic products, selling electronic parts, manufacturing gold, etc.

On November 18, 2016, the Plaintiff entered into a contract with E Co., Ltd. (hereinafter referred to as “E”) with a company producing and selling ice, under which the Plaintiff: (a) entered into an agreement with the seller to manufacture and supply KRW 4,000,00,00,00,000,00,000,00,00,00,000,000,00,000, for equipment for crushinging ice to the following process equipment, including the equipment for crushing the ice to the following process equipment.

After designing work, the Plaintiff formulated a plan to be supplied with goods produced by the said design from another company and assemble and install them to supply goods to E, and entered into the following contracts with the Defendant on January 19, 2017 (hereinafter “instant contract”).

The Plaintiff demanded that the Plaintiff deliver the boxes in the order of their shapes and presses in large containers and presses, cracks and presses, and consortiums, which keep the ice in custody of the Defendant: The Plaintiff demanded that the Defendant deliver the boxes in the order of their shapes and presses surrounding the machinery.

The price for the delivery of KRW 47,400,00 in the case of the supply place of KRW 47,400: The terms and conditions for the payment of the contract deposit at the place designated by the Plaintiff: 5 million of the down payment.

C. The Plaintiff and the Defendant, at the request of the Defendant, agreed that the payment period of the instant contract will be delayed on January 20, 2017, and the change of the work content following the revision of the drawing would be reflected in the price.

On January 20, 2017, the Plaintiff paid KRW 5,000,000 to the Defendant, and thereafter, upon the Defendant’s request, paid KRW 5,000,000 on February 3, 2017, and KRW 20,000 on February 16, 2017 additionally.

Around February 4, 2017, the Defendant headed to E-factory, a place designated by the Plaintiff.