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(영문) 울산지방법원 2014.07.09 2013가합4872
선수금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. The plaintiff is a company operating shipbuilding business, etc., and the defendant is a company operating engine manufacturing business, etc. installed on board a ship.

B. From May 4, 2007 to July 23, 2008, the Plaintiff entered into a contract with the Defendant to purchase vessel engines on a total of 22 occasions as follows (hereinafter “each of the instant sales contracts”). The details are as follows.

On May 4, 2007, 5: 6 p.m. engines (C101/2/3/4/5/6) 30 U.S.D. 4, 197,00 30% 1,259, 100 modern engine engines (C107/8/9/9/1010/100), 5,404, 30% 30% 1,57, 307, 28/40, 208, 304, 208, 30, 208, 40, 204, 30, 208, 208, 30, 208, 204, 30, 208, 204, 208, 208, 208, 304, 208, 204, 2006.

가. 금액 : 一金美貨六拾八萬불/隻(USD 680,000/척) (TOTAL USD4,080,000/6척) 제3조 : 대금 지불 조건(구매승인서에 의한 지급일 기준 미화(USD) 지불 조건)

(a) 30 percent (USD204,000-) intermediate payment (USD204,000-) of the contract amount at the time of the engine contract: 30 percent (USD204,000-3) of the contract amount at the time of the engine contract: 40 percent (USD272,000-) of the contract amount at the time of the engine supply (the service after the engine deposit);

(b)The payment method: the above payment is the terms of USD payment, and the purchase approval shall be established within one month after the contract is made, and the tax invoice shall be issued in Korean won by applying the first notice rate of the Korea Exchange Bank;

(c) Article 10: (Foreign Exchange Account in Free Trade (State): 117-J-70002);

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