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(영문) 부산지방법원 2016.10.05 2015가합48071

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The sales contract of this case 1) STX Heavy Industries Co., Ltd. (hereinafter “STX Heavy Industries”).

(C) On November 12, 2014, the Defendant, on November 12, 2014 (hereinafter referred to as “instant mechanical equipment”), such as cutting equipment, caters, refacing machines, electric processing (facilities), etc. (hereinafter referred to as

(2) The Defendant sold the instant machinery and equipment at KRW 775,500,000 on November 13, 2014, and the remainder of KRW 470,000 until November 20, 2014, respectively. (2) On November 15, 2014, the Defendant sold the instant machinery and equipment at KRW 775,50,000 to the Kudong Environment Co., Ltd. (hereinafter “ Kudong Environment”).

The extreme East environment paid to the Defendant the remainder of KRW 100,000,000,000, out of the down payment of KRW 220,000,000, on the date of the contract, and the remainder of KRW 120,000,000 on November 17, 2014. The intermediate payment of KRW 330,000,000 was paid by November 19, 2014; and the remainder of KRW 225,50,000 until November 28, 2014.

(hereinafter “instant sales contract”). B. The sales contract between the Defendant and the extreme environment is called “instant sales contract.”

In order to prepare the intermediate payments and remainder of the instant sales contract, the extreme environment in the extreme East environment was 308,00,000 won (=the down payment 154,000,000 won on November 14, 2014; 30,000 won (the remainder 124,000,000,000 won on December 4, 2014; 124,000,000,000 won on December 5, 2014; 200,000 won on November 17, 2014; 30,000 won on the remainder 124,00,000,00 won on the remainder 10,000 won on the remainder 10,000 won on the date of sale of the instant machinery and equipment and 100,000 won on the remainder 10,010,000 won on the date of sale of the instant machinery and equipment and 20.

C. The circumstances surrounding the nonperformance of the extreme East Environment and the preparation of the letter of performance of the instant case are the Defendant.