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(영문) 청주지방법원 2019.03.22 2018가단21166

매매대금

Text

1. As to the Plaintiff’s rehabilitation claim B against the Plaintiff’s rehabilitation company, KRW 86,716,356 and KRW 82,50,000 among them.

Reasons

1. Facts of recognition;

A. A. A Co., Ltd. (hereinafter “Defendant Company”) was a company established for the purpose of the manufacturing and distribution of self-readers, the manufacturing and distribution of satisfys, phrases, and living miscellaneous products, software development projects, etc., and has produced and sold a type of game machine extracted from the name of “E” (hereinafter “instant game machine”).

B. On July 8, 2017, the Defendant Company sold 10,000 won for the instant game machine to the Plaintiff (i.e., the total amount of KRW 8250,000 for each game machine, cambling price, installation cost, and value-added tax x 10,000 won; hereinafter “instant purchase price”). The Plaintiff entered into an individual sale contract with the Defendant Company, stating that the down payment of KRW 1 million for each of the instant purchase price shall be paid until July 8, 2017 to the Defendant Company by July 17, 2017, the intermediate payment of KRW 65,500,00 for each of the remaining 16,00 won until July 17, 2017 (hereinafter “instant contract”). The main content of the contract is as follows.

Article 2 [Area] Paragraph 1: The plaintiff ("B" in the contract") may operate a game machine only in the Daegu Metropolitan City area in accordance with the administrative district.

Article 4 [Contract Information] Paragraph 3: The defendant company ("A") should produce and complete the game machine so that it can be released within 60 days from the date of payment of the balance.

Paragraph 4: Where the production of a game machine is completed, A shall notify B thereof, and he/she shall notify the expression of intent to receive the game machine and the place of installation within 10 days from the date he/she is notified of B.

However, the installation date shall be determined by the agreement between A and B. If B does not make the above notification within 10 days, A may receive a custody certificate from B, and may claim storage fees of KRW 10,000 per day per game machine.

Paragraph 5: Where A fails to manufacture and complete a game machine within 60 days from the date of the payment of the balance, B shall return the down payment to A.