logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2019.01.23 2018나3015
계약금반환청구
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The plaintiff sought at the first instance court that the defendants and E shall jointly pay 500,000,000 won and damages for delay. The first instance court dismissed the claim against E, and dismissed part of the damages for delay in its claim against the defendants.

The part of the judgment of the court of first instance as to co-defendant E was separately determined by the Plaintiff’s appeal without filing an appeal against the Defendants. The part of the judgment of the court of first instance as to the claims against the Defendants, except for the part of the damages for delay partially dismissed, is subject to the judgment of this court.

2. Basic facts

A. A (hereinafter “A”) Co., Ltd. (hereinafter “A”) and (1) of the instant contract and special agreement between A and the Defendants, E

A) Although there has been running a beverage manufacturing business, etc. in the Chungcheong-gun L L, the discussion has been continued since 2016 regarding the plan to attract external investment by E in cooperation with E, which is engaged in a food manufacturing business that does not seem to do so, to expand a manufacturing factory in the A’s factory by attracting external investment. A shall pay to the Defendants the total contract amount of KRW 5.6 billion (excluding value-added tax) price for the goods, which is the total contract amount of Article 7 (1) of the terms of payment, as follows:

(Separate Amount of Value-Added Tax). The second unit of the electronic bill (500 million won): The cash (1 billion won) intermediate payment by the end of February 2017: the Defendants’ place of inspection shall be the Defendants’ place of business. The Defendants’ place of inspection shall be the Defendants’ place of business.

Any balance: The Defendants should be notified at least two weeks before the due date to the inevitable circumstances of Article 10, the total contract amount of KRW 1120,000,000,000 after the completion of the examination and upon the completion of the examination and the extension of the due date is required due to the inevitable reasons of Article 10, guarantee, and amendment 2A, and the Defendants’ input contract amount and construction work shall be reversed under the circumstances of A.

arrow