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(영문) 인천지방법원 부천지원 2017.02.03 2016가합874

보증금

Text

1. The Defendant’s KRW 410,323,278 as well as 6% per annum from July 5, 2016 to February 3, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells construction machinery, etc. necessary for the selection and crushing of aggregate, and the Defendant is a company that runs electrical construction business and wholesale and retail business of electrical materials.

B. On June 7, 2014, the Plaintiff entered into the instant sales contract between the Plaintiff and the Jinong-si (hereinafter “instant sales contract”) with respect to the machinery (such as the equipment necessary to crush and classify tin mined in the mine, and the equipment necessary to screen and classify tin mined in the mine) located in the Namyang-si, Namyang-si, as follows (hereinafter “instant machinery”).

Sales contract;

2. Purchase price: 365,000,000 won (excluding value-added tax).

3. 1) Contract deposit: 100,000,000 won (each payment of KRW 60,000,000 on June 7, 2014, and each payment of KRW 40,000,000 on June 9, 2014): The service industry for the advance payment of KRW 265,00,000 (payment on September 30, 2014) shall complete the trial operation by June 30, 2014.

Provided, That in addition to the balance until the payment date of the balance, the actual dispatch industry shall be paid to the Plaintiff three times each month in the amount of KRW 25,00,000 on the monthly rent for three months, separately from the balance until the payment date of the balance.

5. This construction machinery (referring to the instant machinery) means the state in which it is installed at the B Mine site in Namyang-si (as of June 7, 2014).

6. The ownership of the construction machinery is transferred to the Plaintiff until the remainder payment of the construction machinery, and the ownership is transferred to the supplying industry after full payment of the total amount of the construction machinery.

10.The dust transmission industry shall inspect this construction machinery closely before the contract is entered into, and may not thereafter raise an objection against, any reason for the contract.

[Matters of Special Agreement]

2. This construction machinery is, as of the date of the contract, installed at least 95% in the B mine in Namyang-si, Namyang-si, the date of which the contract is concluded, thereby reflecting this in determining the down payment and the balance.