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(영문) 부산지방법원동부지원 2017.08.25 2016가합1167

매매대금반환

Text

1. The Defendant’s KRW 1,100,000,000 as well as 5% per annum from October 22, 2016 to August 25, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that engages in sales business of non-ferrous metals, wholesale business and retail business for collecting solid goods, and the Defendant is a legal entity that engages in civil engineering work, waste intermediate treatment business, etc.

Doel City Construction Co., Ltd. (hereinafter referred to as Doel City Co., Ltd.) is a corporation planning to construct a hotel on the site of the "C" play facilities located in Suwon-gu, Busan, and purchasing the above site.

B. On October 22, 2013, the Plaintiff entered into a contract with the Defendant for supply of scrap metal, scrap metal, machinery, etc. (hereinafter “instant supply contract”) with the content that the Plaintiff would pay to the Defendant a deposit of KRW 1.2 billion to KRW 50 million on November 1, 2013, the Plaintiff changed into a contract for supply of KRW 1.25 million, and the Defendant would supply the Plaintiff with the removal of the building located in the instant “C” play (hereinafter “instant building”).

D affixed a seal to the instant supply contract as a joint guarantor.

The main contents of the instant supply contract are as follows.

Section 1 (Indication of Goods) of the Contract for Sale of Goods, Article 2 (Sale Price and Payment, and Price) of the Goods, Article 1 (Sale Price and Payment, Section 1.2 billion won per day, shall be paid in lump sum to the defendant at the same time by the plaintiff and the defendant shall be received.

Article 3 (Guarantee of Goods)

1. The defendant shall guarantee to the plaintiff as follows:

a. To ensure that scrap metal 2,50 tons and 500 tons of scrap metal shall be guaranteed, and that scrap metal shall be supplied to the Plaintiff at the price at which the present market price is 100 won per 1 km and 500 won per 1 km from the present market price.

b. If the defendant's promise does not reach 2,50 tons of scrap metal, or 500 tons of scrap metal as the defendant's promise, the defendant must set up and guarantee the shortage of the construction cost for the removal of scrap metal as the security measure.

Article 6 (Disputes)

b. The Defendant shall complete the date of removal by April 15, 2014, and shall pay damages for delay if the date of removal fails to be strictly observed.