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(영문) 전주지방법원군산지원 2015.03.27 2014가단1527
물품대금
Text

1. The Plaintiff:

A. As regards Defendant A’s KRW 17,571,428 and its KRW 15,00,000 among them, Defendant A shall begin on November 21, 2013 and remainder 2.

Reasons

1. Basic facts

A. The Plaintiff is a corporation engaged in the food packaging processing and production business, etc., and the network D (the deceased on July 13, 2014, hereinafter “the deceased”) is a person who manufactures and sells machinery while operating a mutual intent company called “E”. The Defendants are the inheritors of the deceased.

(Defendant A: The deceased’s wife, Defendant B, and C: the deceased’s children). (b)

On October 21, 2013, the Plaintiff purchased 47,000,000 won (excluding value-added tax) from the deceased, among the middle rosp packaging machines (i.e., e., string machine, tubes inserting machine, and liquid shock machine on the middle rosp automatic packaging machines; hereinafter “instant machines”). On the same day, the Plaintiff transferred KRW 35,000,000 to the deceased’s account.

C. The Deceased decided to deliver the instant machine within 30 days from the date of the contract under the original contract, and the Deceased failed to perform this. On December 24, 2013, the Plaintiff sent to the Deceased a document containing the contents, such as promptly delivering the instant machine by content-certified mail.

On December 28, 2013, the Deceased delivered the instant machinery to the Plaintiff (However, it was not installed in the Pibin), and the Plaintiff wired KRW 6,000,000 to the Defendant’s account on the same day.

E. The Plaintiff commenced the production of the Asp packaging paper with the instant machine, but failed to produce the proper completion paper.

F. On January 21, 2014, the Plaintiff sent to the Deceased a document demanding the return of KRW 41,00,000 already paid, as the contract was null and void, by content-certified mail.

G. On March 2014, the Plaintiff: (a) requested G engaged in the mechanical manufacturing business, etc. with the trade name “F; (b) G was unable to produce finished products due to the failure to operate the instant machinery due to the failure to perform the fixed location; and (c) the main wheel of the instant machinery is presumed to be defective.

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