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(영문) 인천지방법원 2016.05.18 2014가합4800
매매대금반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On October 10, 2012, the Plaintiff entered into a contract for the supply of crops (hereinafter “instant contract”) with the Defendant with the following content.

Article 1 Purpose of Contract

1. The Plaintiff has the goods indicated in Article 1(2) (hereinafter “instant machinery”) manufactured and supplied from the Defendant, and the Defendant shall manufacture and supply them at the place designated by the Plaintiff.

2. The facility name and quantity 1) The name of equipment: 3.2T SLIT LINE 2): W 0.3m x 3.2m x 1,700m x 25 TN x 300m x 300m/min;

3. Place: Contract amount and terms and conditions of payment under Article 2 of the factory owned by the plaintiff in Chungcheongnam-gun, Chungcheongnam-gun;

1. Contract amount (excluding value-added tax): 1.2 billion won;

2. Payment Conditions: 90 million won, out of 50% of the down payment: set-off settlement with the medium and medium Slick Slick, KRW 410 million as of October 10, KRW 150 million as of the end of November, KRW 150 million as of the end of December, KRW 50 million, the remainder payment of KRW 110 million as of December 10, KRW 50 million, and KRW 60 million (payment made on March 2013) - Tax invoices shall be issued at the time of time.

- The sales contract of each Do in the future shall be offset and treated as part of the facility down payment in the amount of 90 million US liters, and a sales contract of each Do in the future.

Article 3 (1) Payment Period) The delivery shall be made by February 20, 2013, and the installation and trial operation shall be completed within 25 days after delivery. (2) On-site storage of contract facilities shall begin immediately upon completion of the conditions of the construction of the factory, and the installation and trial operation period shall be adjusted in consideration of the on-site conditions.

Article 5(1) The defendant may claim compensation for damages to the defendant when the plaintiff has passed the agreed completed portion inspection or the trial run inspection. (2) The defendant is deemed to have failed to perform the contract falling under any of the following subparagraphs in accordance with the contract pursuant to the prescribed procedures:

In addition, if the plaintiff fails to perform the contract, the defendant may claim damages against the plaintiff.

1. The defendant is the main body of the defendant.

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