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(영문) 수원지방법원안산지원 2016.11.30 2016가단65575
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 3, and there is no counter-proof.

On November 11, 2015, the Plaintiff engaged in the mechanical manufacturing business in the trade name B, and entered into a contract with the Defendant, under which the Plaintiff would produce the presses one set of money in KRW 300 million (excluding value-added tax) and supply it to the Defendant (hereinafter “instant contract”).

B. Details of the instant contract are as follows.

(1) pay 60,000 won equivalent to 20% of the total contract amount as a contract retainer at the time of the conclusion of the contract.

(Article 2(1)(2) The Plaintiff shall deliver all the contract goods to the designated place of the Defendant within 90 days from the date of the order (after the receipt of the contract deposit).

(3) The defendant cannot cancel the contract goods after entering into a contract, and the defendant shall pay to the plaintiff the amount claimed by the plaintiff according to the manufacturing process of the contract goods at the time of cancellation due to unavoidable circumstances.

(Article VIII(1)(4) Any matter not provided for in this Agreement shall be determined by mutual consultation between the plaintiff and the defendant in accordance with common practice.

(Article IX(1)(c).

However, the defendant did not pay the contract commencement money under the contract of this case, and expressed to the plaintiff that there was no idea to start the contract of this case and that there was no idea to pay the contract commencement money.

Nevertheless, the Plaintiff prepared a design drawing necessary for the production of the above presses prior to the Defendant’s above statement of intent, and ordered raw materials necessary for the production of the said presses.

2. The plaintiff's cause of claim is the cause of claim of this case, and the contract of this case cannot be arbitrarily rescinded. Thus, the contract of this case is maintained. Accordingly, the defendant shall pay down payment of 60 million won to the plaintiff pursuant to Article 2 (1) of the contract of this case.

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