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(영문) 대전지방법원 2015.10.29 2014가단22458

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(c)payment of 25,00,000 won in cash;

(b) part payments: payment of KRW 20,000,000 for July 10 to 15 after the submission of the first SALE;

(c) Balance: To pay in cash the balance of 24,000,000 won when any problem occurs after the trial run after the gold supply; and

Article 8 (Examination)

(a) The inspection of the completed gold model shall be conducted at the designated location of the Defendant by the tallyman designated by the Defendant or the Defendant, and the inspection shall be conducted at the time the tallyman passed and the test run of the specifications and parts designated by the Defendant.

B. If the Defendant acknowledges that the result of the examination under the preceding paragraph differs from the details of down payment form and thus causes damage to the Defendant, he shall request the Plaintiff to exchange or supplement refined goods or deduct the amount of loss from the payment.

C. On May 15, 2013, the Defendant: (a) drafted a written confirmation as follows (hereinafter “instant confirmation”); (b) issued a promissory note with a face value of KRW 30,000,000 and the due date on May 23, 2013 to the Plaintiff on the same day.

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1. A light viewer:

3. Production of BL-types, such as living rooms, flats;

2. Floodproof, routture;

4. Use of existing products such as living rooms, etc.* Payment of intermediate payments and down payment at the same time as a gold-type order, and payment of balance shall be made at the time of gold delivery after passing the gold-type approval after completion of the gold-type.

[Ground of certification] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. On May 15, 2013, the Plaintiff’s assertion 1) concluded the instant gold production contract, and on May 15, 2013, the Defendant demanded the Plaintiff to change the gold production, and agreed to additionally pay KRW 10,000,000 for expenses incurred in the alteration of the design, and agreed to modify the design. 2) On August 26, 2013, the Plaintiff agreed to reduce the amount of KRW 4,00,000, out of the amount of gold production with the Defendant, and on the same day, delivered the gold type completed in the New Tech Co., Ltd. (hereinafter “New Tech”) at the Defendant’s request.

3) Therefore, the Defendant’s remainder amounting to KRW 20,000,000 under the instant gold production contract (i.e., the Plaintiff).