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(영문) 대구지방법원포항지원 2015.03.03 2014가단8682
계약금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 22, 2011, the Plaintiff entered into a contract with the Defendant for the manufacture and installation of a revolving facility (hereinafter “instant construction”) with regard to the entire production and installation of the revolving facility (hereinafter “instant construction”) (hereinafter “instant contract”). The main contents are as follows:

Article 4 (Contents of Detailed Contract): The attachment of facilities, specifications and drawings shall be governed by attached documents.

Article 5 (Payment Period): Completion of production - Completion of site installation - Within 70 days after the contract - Within 90 days after the contract: Article 6 (Contract Amount): 2,080,000,000 won for value-added tax, and Article 7 (Prohibition of Substitute Payment): 30% of the down payment shall be paid in cash at the time of contract conclusion, 30% of the down payment shall be paid at the time of contract conclusion, 30% of the first part payment shall be paid within seven days after the examination of the production Jindo (60%), and 30% of the second part payment shall be paid within seven days after the completion of the facility. Article 8 (Submission and Examination) : Berne drawings shall be submitted until September 10, 201, and detailed production drawings shall be made until September 30, 2011.

Article 13 (Termination of Contract): Where this contract is terminated due to any cause attributable to A (Plaintiff), the down payment shall revert to B as penalty, and where this contract is terminated due to any cause attributable to B (Plaintiff), B shall compensate for the amount of damages suffered by A.

B. On August 30, 201, the Plaintiff remitted KRW 100 million to the Defendant.

C. On April 12, 2012, the Plaintiff sent to the Defendant a document stating the Defendant’s declaration of intent to cancel the instant contract on the ground that the Defendant failed to perform its duty to submit a drawing under Article 8 of the instant contract, and the said document reached the Defendant around that time.

On the other hand, on September 22, 2011, the Plaintiff concluded the entire production and installation works of the protetotype facilities (excluding value-added tax) with the non-party 1,020,000 won for the construction cost.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 2, 3, 5, 6, and 8, witness B's testimony and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the Plaintiff had a drawing by September 10, 201 according to the instant contract.

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