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(영문) 대구지방법원 2017.07.26 2015가단28309
계약금반환
Text

1. The Defendant’s KRW 81,00,000 as well as the Plaintiff’s annual rate of KRW 6% from January 10, 2017 to July 26, 2017.

Reasons

1. Facts of recognition;

A. The Defendant and the Co., Ltd. jointly purchased and collected a group of machinery necessary for co-production of co-production 10, 10, 1, 1, 1, and 1, and decided to en bloc export to a foreign company to bring profits to the foreign company.

B. On September 3, 201, the Defendant and the Dispute Resolution Co., Ltd. entered into a sales contract (Evidence 1-1) with the processing machine of KRW 4500,000,000,000,000 (hereinafter “instant machine”) from C, the owner of the instant machine, and the Defendant separately entered into a sales contract with the purchase price of KRW 350,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won

At the same time, 405 million won of down payment was prepared and paid to C.

In addition, in the case of the dispute settlement agreement with the defendant, the defendant would have prepared KRW 21 million, and the defendant would have prepared KRW 19.5 million, the defendant would have concluded a contract with D to purchase three vertical titles through December 2, 201, two vertical titles from E, and one set from F to purchase one set, respectively, and paid down payment.

C. In the situation where the project has been carried out by the foregoing phase, the project would withdraw from the project due to the lack of funds, etc.

Accordingly, on December 19, 201, the Defendant entered into a contract with the Plaintiff, which was introduced from the Dispute Resolution Co., Ltd. to the new financing share: ① KRW 450 million, ② KRW 70 million, ③ KRW 47 million, ④ KRW 200,000, KRW 2000, KRW 4500,000, KRW 4500,000, and KRW 450,000,000, KRW 250,000,000, respectively (each contract is written separately by evidence 2, evidence 7-1, 2, and 3); and at the time of the contract, the Plaintiff renounced the down payment and the Defendant paid a double amount.

(B) The Plaintiff’s sales contract for the instant machinery (hereinafter “instant sales contract”). Accordingly, the Plaintiff’s sales contract for the instant machinery to the Defendant.

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