(영문) 서울남부지방법원 2021.01.21 2020가합103529

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(영문) 서울남부지방법원 2021.01.21 2020가합103529

계약보증금 등 반환

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1. As to the Plaintiff’s KRW 383,924,520 and KRW 40,000 among them, the Defendant shall start from February 23, 2017 to January 20, 2020.

Reasons

1. Basic facts

A. On February 23, 2016, the Plaintiff entered into a sales contract with the Defendant on the instant total sales contract (hereinafter “instant sales contract”). The main content of the sales contract is as follows.

Article 2 (Name) 1) 0.2, 1.2, 1.2, 0.2, 0.2, 0.2, 1.2, 0.2, and 1.2, 3 (Sales Areas), domestic Seoul, and 2.0,000,000,000,000,000,000,000,000,000,000,000,000.

No defendant may participate in the plaintiff's business rights.

Article 5 (Payment for Price) The payment shall be made in full in cash only on the first order and shall be 50% at the time of the order, 30% at the time of delivery, and 20% after delivery.

Article 6 (Disposition of Products) 1 The plaintiff clearly presents the parts, assembly, function, and inspection criteria requested to the defendant at the time of ordering the product, and the defendant shall make it in accordance with such criteria.

2) The delivery of a product is within six weeks after the receipt of the order.

If imported goods are included, the payment period may be delayed.

The monthly and annual orders for each item shall be as follows:

(1) 0.2rd, 1.2rd, 9,00 p.m. monthly, 000 p.m., 0.2rd, 1.2rd, and 60,000 p.m. annually, respectively.

(2) 0.2 Top, 1.2 top, 1.2 top, the amount of which is less than 5 top, may be replaced by 5 top, 3 top, 1.2 top, the first order shall be issued after Samping the Samp.

Where it is not possible to sell products due to the defect in Article 7 (Rest and Refund) products, the plaintiff shall provide the defendant with accurate information for each month, and the defendant shall return the name of the defect and the products.

After improvement, the defendant shall be refunded in full in the event of a continuous defect.

Article 8 (Guarantee Money) The plaintiff shall pay to the defendant a contract deposit of KRW 3 million.

(ii) prepare a loan certificate for the contract deposit, and the repayment period shall be one year.

3) The period of refund shall be repaid in installments by mutual agreement.

Article 9 (Termination of Contracts) The plaintiff and the defendant shall be entitled to:

유사 판례

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