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Reasons
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(영문) 수원지방법원 2018.09.13 2017가단546862
매매대금
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1. The defendant shall pay 144,100,000 won to the plaintiff and 10% per annum from November 4, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in manufacturing and selling machinery, equipment, and machinery, etc. with the trade name of “B,” and the Defendant is a company with the aim of manufacturing and selling steel structures.

B. On November 2016, the Defendant, while moving the factory, did not decide whether to sell or install the NC Doring Mach DF 100 equipment (hereinafter “instant equipment”) owned, and did not first have the Plaintiff keep the equipment in custody.

C. On January 24, 2017, the Plaintiff entered into a supply contract with the Defendant on January 24, 2017 (hereinafter “the first supply contract”). On January 24, 2017, the Plaintiff entered into a contract with the Defendant to sell all of the following equipment to the Defendant at KRW 1,012,00,000 (including value-added tax; hereinafter the same shall apply).

(A) (Evidence 7). (2) The original defendant decided to give priority to supplying 3 or 6 equipment among them. Accordingly, on February 7, 2017, the plaintiff issued a tax invoice to the defendant under the pretext of contract deposit as to KRW 56,738,00, which corresponds to 20% of the total equipment cost of 3 or 6 equipment cost of 283,690,000.

(3) Subsequent to the first supply contract, the first supply contract was zero.

On May 2, 2017, the Defendant sent an order (Evidence 8) to the Plaintiff on May 2, 2017 for DRILING MACHINE 1 sets (amounted to KRW 15 million) and CUTINE 1 sets (amounted to KRW 15 million). On May 2, 2017, the Defendant concluded a supply contract for each of the above equipment.

(2) The specific articles indicated in the order are as follows:

(3) The above contract was also void.

E. “Third supply contract” under the supply contract of July 4, 2017.

(1) (1) On July 4, 2017, the Plaintiff entered into a supply contract with the Defendant with the content that the Plaintiff sells Bandw Machine / DIMND-100T and consortium 1 sets to the Defendant 6,16 million won (Evidence 1). (2) The Plaintiff entered into the supply contract with the Defendant, with the content that the Plaintiff sells Bandw Machine -16 million won (Evidence 1).

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