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(영문) 대구지방법원 2017.07.04 2015가단118424

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 5, 2012, the Plaintiff entered into a sales contract with the Defendant to sell “gold-type gold and production tools and other products” in the purchase price of KRW 60 million (value-added tax separate).

(hereinafter “instant sales contract”). The description of the subject matter of sale and the unit price stated in the sales contract are as follows:

Serial No. 10.5HP 52,00,000 2 1HP 68,000,000 31.5/2/3HP 108,000,00 4 schoolers 57,000,000 5 affiliated 300,000,000 7 KON 7 KON 600,000,000 7 KON 7 KON 600,000 terms of 1,000,000 9 tools (2 forms) 1,000,0000 total 290,90,0000

B. The sales price payment agreement of the instant sales contract is as follows.

- down payment: 25 million won shall be paid to the Plaintiff’s designated account immediately after on-site verification at the time of the contract.

- Amount of gold: To be paid simultaneously with the contract under the responsibility of the defendant.

Any balance: 20 million won shall be completed within two months after the completion of the stay in the mass production of finished products after meeting the Plaintiff’s technical assistance and the details necessary for manufacturing the goods.

C. The Plaintiff handed over 1-4 of the subject matter of the instant sale to the Defendant, and the Defendant paid KRW 25 million to the Plaintiff on December 6, 2012.

However, the article Nos. 5 to 9 among the subject matter of the instant sale is not delivered to the Defendant up to now.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 2 and 3, each of the statements, 2, and Eul evidence 4, and the purport of the whole pleadings

2. Determination as to the claim for remainder of sale

A. The gist of the Plaintiff’s assertion 1 is that the Plaintiff did not receive KRW 35 million out of the purchase price of this case from the Defendant, and on the other hand, did not deliver an accessory machine Nos. 5-9 among the subject matter of the instant trade to the Defendant.

The unit price of the instant subject matter is KRW 290,900,000, and the sales price is KRW 20% of the total unit price, and the contract was concluded by calculating KRW 60,000,000 of the total unit price.

In this case.