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(영문) 인천지방법원부천지원 2016.05.27 2014가합6748

매매대금반환

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 376,50,000 to the Defendant (Counterclaim Plaintiff) and its amount from December 16, 2014 to September 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs the business of supplying and transporting aggregate, screening and crushing aggregate, and mineral sales, and the Defendant is a company that manufactures and sells construction machinery necessary for screening and crushing aggregate.

B. On June 7, 2014, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with respect to the machinery (such as equipment necessary to crush and classify luminous extractions in the mine; hereinafter “instant machinery”) installed in the C mine located in Nam-si, Namyang-si (hereinafter “instant mine”).

Sales contract;

2. Purchase price: 365 million won (excluding value-added tax).

3. 1) Contract deposit: 100 million won (payment of KRW 60 million on June 7, 2014, and KRW 40 million on June 9, 2014): The remainder of KRW 265 million (payment on September 30, 2014) shall be completed by the Plaintiff until June 30, 2014.

Provided, That the plaintiff shall pay 25 million won per month to the defendant three times every three months as monthly rent, separate from the balance until the payment date of the balance.

5. This construction machinery (referring to the instant machinery) means the state of being established at the C mine site located in Namyang-si, Namyang-si (as of June 7, 2014).

6. Ownership of the construction machinery is owned by the Defendant until the remainder payment of the construction machinery, and ownership is transferred to the Plaintiff after full payment of the total amount of the construction machinery.

10. The plaintiff shall inspect this construction machinery closely before the contract is concluded, and after the contract is concluded, the plaintiff shall not raise any objection against it.

[Matters of Special Agreement]

2. This construction machinery is, as of the date of the contract, installed at least 95% in the C mine located in Namyang-si, Namyang-si, and thus, it is determined the down payment and balance. 3. The Plaintiff paid value-added tax on the purchase price to the Defendant by June 30, 2014, and the Defendant shall issue a tax invoice.

4.This paper.