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(영문) 수원지방법원 2016.01.13 2015나20312
장비물품반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that carries on the manufacturing business of luminous sirens, etc., and the Defendant is a company that carries on the manufacturing business of electronic pipes, primary batteries, etc.

B. On March 15, 2013, the Plaintiff and the Defendant concluded the following contracts:

(hereinafter referred to as “instant contract”. Item 1 of Article 1: Lerling ach remodeling, size: HE-100 F, quantity: 1Set, unit price: 35 million won (excluding value-added tax); payment period: April 23, 2013; and deposit: Contract deposit: Article 2 (Payment Method and Terms and Conditions) on April 30, 2012: 17.5 million won (payment in cash within seven days after the completion of the contract) and remainder: 17.5 million won (payment in cash within seven days after the completion of the contract) and total amount: 35 million won (excluding value-added tax); provided that where the Defendant fails to pay the unpaid price within the payment period, the Defendant shall pay the Plaintiff the price for delay interest at the rate of 10% per annum, including the purchase price for the goods under Article 25-2 of the contract. The Defendant shall pay the Plaintiff the price for delay within the period for delay.

2. The parties' assertion

A. The Plaintiff’s assertion established a movable property in the attached list at the seat of the Defendant’s head office under the instant contract (hereinafter “instant machinery”). However, the Defendant only paid only KRW 17.5 million (including value-added tax), which is 50% of the instant mechanical purchase price, and did not pay the remainder of the purchase price.

Accordingly, the Plaintiff’s service of a copy of the complaint of this case on the grounds that the Plaintiff did not pay the remainder to the Plaintiff. The Defendant is stipulated in Article 7 of the contract of this case.

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