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Reasons
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(영문) 창원지방법원 2018.05.31 2017가합55681
매매대금반환
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1. The Defendant’s KRW 517,547,510 as well as the Plaintiff’s annual rate from March 15, 2017 to May 31, 2018.

Reasons

1. Facts of recognition;

A. On November 28, 2013, the Plaintiff drafted a contract for facility purchase (Evidence A2) with the Defendant who engages in trade business under the trade name “B” (hereinafter “B”).

(hereinafter “this case’s sales contract”). 1. Facilities name: Gas Leather Machinery (hereinafter “the instant machinery”)

2. Manufacturers: German “C (State)” (hereinafter referred to as “C”);

4. The price of equipment: 393,695.00 milk 1) The cost of packing spare parts and equipment: 376,245 milk 2) the cost of packing spare parts and equipment: 2,500 milk 3) the cost of installing and trial operation for containers to Busan port (Deduction of container cost): 5,00 milk 4): 9,950 milk (80 milk per day at the time of addition).

6. Date of order and delivery: 4.5 to 5 months (15 days in the annual holiday relationship): - Transport after the order (50%) - 3 to 3.5 months (2) and installation: the submission of data on the shipment of a ship (1.5 months in the German Pream Port Busan) - 1.5 months: Within four weeks after the order is placed. The inspection date of machinery 4) - the specifications of electricity, electronic, domestic production and installation of equipment shall be designated by BUY (Plaintiff).

7. Settlement terms: 50% down payment shall be paid to the Korean seller designated by the Plaintiff at the time of the order.

The payment of the remainder 50% shall be made at the time of arrival in Korea after the completion of the preparation for shipment in the German port.

In principle, with respect to the amount presented on the documents by SESLER pursuant to the “International I.C.C. PUB.500 Regulations,” the above conditions shall pay to the Defendant the full amount claimed in the invoice at the time of the contract and shipment, and the Defendant shall report income including 10% VAT to the National Tax Service pursuant to the laws of the Republic of Korea, which is not the 19% VAT in Germany.

9. The equipment will be treated as “facility insurance” by the Defendant’s representative until the arrival of the factory in Korea BUYER (Plaintiff).

BUYER-Purchases: The agent entrusted with the supply and sale of C: the Defendant.

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