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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 22, 2016, the Plaintiff entered into a contract with the Defendant on the purchase price of KRW 273,480,00 (including value-added tax) with respect to the 1,500 (the model name D 600 units, the model E 900 units, hereinafter “instant product”) of the used car products for C Co., Ltd. (hereinafter “instant contract”). The main contents of the instant contract are as follows.
The supplier of the goods purchase contract (the defendant, hereinafter the defendant) shall deliver the whole quantity of the contract to the delivery place within the payment period specified in the contract to the goods, request the inspection thereof, and pass an examination by the ordering person (the plaintiff, hereinafter the plaintiff) and deliver it as the receipt to the ordering person.
Products A/S supplied under Article VIII (A/S), and all liabilities related to the performance of other products shall have been manufactured and discharged by the Defendant.
Article 9 (Prohibition of Substitute Payment) The Plaintiff shall pay a total of KRW 1500,000 to KRW 50,000,000, and includes the terms of purchase until June 8, 2016.
50 million won of the down payment paid under the purchase condition at the time when the purchase is not made by the due date, shall be reverted to the defendant.
B. Meanwhile, the instant contract was concluded when the Plaintiff first purchased the instant product with the Defendant’s funds and secured it at the expense of the Defendant, and then requested the Plaintiff to pay the price set by the Plaintiff including the Defendant’s closing. The Defendant purchased the instant product from the F Co., Ltd. on April 22, 2016, and paid KRW 258,000,000 to F Co., Ltd. on April 28, 2016 to perform the instant contract.
C. The Plaintiff paid the Defendant a down payment of KRW 50 million on April 28, 2016, but was unable to pay the remainder by June 8, 2016, and thus did not accept the instant product.
The representative G requested the defendant to extend the time limit for acceptance.