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(영문) 청주지방법원 충주지원 2017.02.02 2015가합3020
매매대금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) 36,00.

Reasons

1. Facts constituting the premise of the dispute

A. 1) On September 2, 2014, the Plaintiff entered into a sales contract with the Defendant as indicated in attached Form 1’s “Equipment” (hereinafter “instant machinery”).

The sales contract for the purchase of KRW 210,000 (value-added tax) (hereinafter “instant sales contract”) shall be referred to as “instant sales contract.”

A. The main contents are as follows. Article 4 A (referring to the Plaintiff)

Party B (Defendant) means the Defendant.

(2) According to the above contract, the Defendant began to move and install the machinery to the Plaintiff’s factory in accordance with the above contract, and the Plaintiff paid the Defendant the sum of KRW 210,000,000 on September 2, 2014 and KRW 200,000 on November 29, 2014, including KRW 160,000,000,000,000 for the total amount, and the amount is deducted from the total amount of KRW 210,000 for the payment under Article 1. The remainder shall be terminated after the completion of trial operation. Article 6 (B) is liable for the installation and trial operation of the machinery, and is also responsible for the occurrence of any problem and violation.

3) On December 5, 2014, the original Defendant: (a) changed the 65m/m knife to 68m/m mnife of the subject matter of sale on December 5, 2014; and (b) agreed to increase the purchase price to KRW 10,000,000 by adding the female strings, mixing machines, etc.; and (c) agreed to add the details thereof to the instant sales contract (the instant sales contract is a certificate No. 1).

B. (B) On December 11, 2014, the Defendant drafted each of the following documents (Evidence A 3) on the part of the Plaintiff.

On December 11, 2014, the contract provides a trial operation commitment up to November 2, 2014, but has not been implemented until December 11, 2014, the Defendant, around December 23, 2014, installed the machinery in B in the Pvctension one Pvctensionr, one motor vehicle for the Pvctensionr, and the one motor vehicle for the Pvctensionr, one vehicle for the Pvctensionr, and the commitment to implement by December 17, 2014, shall be implemented by December 17, 2014, as follows:

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