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(영문) 서울고등법원 2019.11.27 2018나2012702

양수금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On October 27, 2015, the F Co., Ltd. (hereinafter “F”) entered into a contract for the sale of idle facilities (unused assets) with the Defendant (the representative of the private business chain G) in the F business establishment (hereinafter “instant business establishment”) with the F Co., Ltd. (hereinafter “F”) on the following terms and conditions:

F Contract Name: FAT separate from October 27, 2015 to December 31, 2015, the unit price (won) of a non-standard quantity per contract item with respect to the sale of idle equipment: 1,077,000,070,000,000,000

B. On December 29, 2015, the Defendant entered into a sales contract for the first sales contract with the Defendant and the Dispute Resolution Co., Ltd (hereinafter “C”) with the effect that the contract amount is KRW 1.43,000,000,000 (including value added tax) and sell the F-owned rooftop idle equipment and unused assets at its own expense by removing and removing them from C. The major contents of the contract for the sale of the Round Facility: The construction period of the F-style facility: the F-style facility construction period from December 29, 2015 to June 30, 2016: the contract amount of KRW 30,000,000,000 (including value added tax) and the method of payment under Article 3 of the Value of Supply (Additional Tax).

1.Determination of the total value of the items to be sold at the site (including surtax) of KRW 1.433 billion, and C shall pay to the Defendant the amount of the sales contract as follows:

2. The down payment shall be three hundred million won.

On March 14, 2016, after the execution of the contract for the down payment contract, the first intermediate payment of KRW 300 million at the time of the transfer of the second intermediate payment of KRW 400 million on March 14, 2016, and Article 5 (Performance of Performance) C, including the additional tax of KRW 1,430,000,000,000,000 for the remainder payment, including the additional tax of KRW 3330,000,000,000,000,000 won, including the remainder payment of KRW 330,000,000,000,000 won, has been delayed without payment as prescribed by Article 4(1), the Defendant