원상회복 등 청구의 소
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 33,00,000,000 against the Defendant (Counterclaim Plaintiff).
Basic Facts
The plaintiff is a company with the purpose of developing, manufacturing, selling, and services for computers and peripheral devices, and the defendant is a company with the purpose of manufacturing, manufacturing, selling, and selling computers and peripheral devices.
On May 21, 2014, the Defendant entered into a sales contract for an old-North Korean computer (hereinafter referred to as “this case’s Nowon-North Korea”) with the Korea Co., Ltd. (hereinafter referred to as “Korea”) to purchase KRW 1,050,000,000 from the purchase price to purchase KRW 2895,000,000,000 from the company.
(hereinafter referred to as “Nopt North Korea’s computer”). The Plaintiff is against the Defendant and the Defendant on May 22, 2014.
In order to purchase the instant Nowon-gu in the purchase price of KRW 1.1 billion (excluding value-added tax), the sales contract for the instant Nowon-gu (hereinafter “instant contract”) was concluded.
The Plaintiff purchased the Nowon-gu in this case and decided to again deliver it to A (hereinafter “A”). At the time of entering into the instant contract, the Defendant was also aware of such circumstances.
The main contents of the instant contract are as follows.
The details of the contract between the Defendant and the Korea are as follows: (a) in addition to the agreement between the Defendant and the Korea on the purchase price of KRW 1 billion,00,000,000.
Article 3 (Methods of Payment) The Plaintiff shall pay the Defendant the purchase price for the goods under Article 2 at the same time as the following, and when the purchase price for the goods was paid to the Defendant in full, the Plaintiff shall pay the purchase price for the goods under Article 2 to the Defendant, and at the same time the purchase price for the goods was paid to the Defendant, the remainder 1,00,000, 1,000, 1,000,000 and 1,00,000,000
Article 4 (Termination by Violation of Contract) Where the Plaintiff delays the performance of its obligations under the contract of this case, the Defendant may immediately give notice to the Plaintiff, and where the Plaintiff fails to perform its obligations, the Plaintiff shall pay the down payment.