계약금 반환 등
1. All appeals filed by the Defendant-Counterclaim Plaintiff and the claim for the return of the provisional payment are dismissed.
2. Costs of appeal; and
1. Basic facts
A. 1) On October 24, 2017, the Plaintiff entered into a sales contract related to the instant machinery (hereinafter “foreign company”) with the UAE company called “C” (hereinafter “C”).
B) As to the instant machinery, the sales contract was concluded for selling USD 1250,000 to foreign companies (hereinafter “export contract”).
(2) On November 15, 2017, the Plaintiff purchased the instant machinery from the Defendant at USD 1,054,50 (hereinafter “instant contract”) and paid KRW 105,450 ($16,73,150 as of the date following the date of completion of the Plaintiff’s repair work. The Plaintiff paid KRW 105,450 (hereinafter “instant contract”). The Plaintiff paid KRW 105,450 (hereinafter “instant contract”).
The main contents of the sales contract are as follows:
The defendant shall deliver to the plaintiff the documents necessary for the report on the change of registered matters and the subject matter of sale in return for the balance receipt and repayment of the construction machinery transfer certificate (for the parties' transaction).
Article 8 (Cancellation of Contract) The Plaintiff shall pay the remainder to the Defendant before paying the remainder, and the Defendant shall reimburse the amount of the down payment, and the Plaintiff may waive the down payment and rescind the contract.
Matters of special agreement
1. The down payment of USD 105,450 (No. 15, 2017), the remainder of USD 949,050 (no. 30 days after the contract). 2. The down payment of KRW 50,000,000 in won paid at the time of the deposit of the down payment shall be refunded to the Plaintiff.
3. The balance shall be the terms and conditions of payment after the expiration of the repair period of the equipment buyer (not less than 30 days) and the terms and conditions of FAS Port acceptance. 4. The defendant shall cooperate to the maximum extent possible for the maintenance period of the plaintiff.
5.VAT shall apply zero-rate tax (if the zero-rate tax is not applicable, the value-added tax shall be borne by the Plaintiff).