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(영문) 수원지방법원 2017.02.09 2015가합70689

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) is from December 1, 2015 to February 9, 2017, with respect to KRW 300 million to the Defendant (Counterclaim Plaintiff).

Reasons

(b) the facts of the basis;

A. On August 13, 2015, the Plaintiff concluded a contract with the Defendant, including purchase of each machine listed in the separate sheet owned by the Defendant (hereinafter “instant machine”) on KRW 1 billion (hereinafter “instant contract”). Under the said contract, the Plaintiff paid the Defendant totaling KRW 700 million of the intermediate payment of KRW 100 million on August 13, 2015 and the intermediate payment of KRW 600 million on August 31, 2015.

[A] The Plaintiff (hereinafter “A”) and the Defendant (hereinafter “B”) enter into the following contracts for the sale and purchase of machinery and equipment (including goodwill) related to the manufacture of plastic bags (hereinafter “equipment”).

Section 1 (Purpose) The purpose of this Agreement is to sell to A the equipment of Section 2 owned by B.

Article 2 (Contents of Equipment) 1) WD(2) E-BG (Electric Bail 2) E-WG (Electric 3) Other equipment 6 units 6 units of equipment * the type, quantity, etc. of equipment are as shown in the annexed list of separate specifications.

as the same shall apply.

(b) The total purchase and sale price of the equipment specified in section 4(b) shall be one hundred billion won per day.

(Separate Value-Added Tax) Article 5 (Price Payment) A shall pay to B a daily amount of KRW 00 billion (excluding value-added tax), which is the total contract amount, in accordance with the following:

1) Contract deposit: daily gold billion won (excluding value-added tax) shall be paid at the time of conclusion of a contract on August 13, 2015; (ii) part payments of daily gold KRW (excluding value-added tax) shall be paid within August 31, 2015.

3) Balance: The sum of KRW 3 billion (excluding value-added tax) shall be paid by November 31, 2015. Article 6 (Delivery of Equipment) Section 1) shall be delivered to A on September 1, 2015.

2) On August 31, 2015, Party A confirmed that the instant building equipment is normally operated at a place operated by Party B, and immediately provide written confirmations of acquisition of the object. 3) Party B shall provide the best assistance for delivery of the equipment in accordance with good faith and good faith.

§ 7 (ownership).