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(영문) 수원지방법원 2017.04.13 2016나12738
차량인수미납금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

(2) Of the payment, KRW 130,000,000, the Defendant paid the remainder as of August 28, 2015, and KRW 5,500,000, and the remainder as of KRW 5,000,000, and the remainder as of October 30, 2015, the Non-Party Company paid the remainder as of October 30, 2015, and KRW 5,000,000, and the Defendant paid the remainder as of October 30, 2015 to the Non-Party Company for a three-month period, and the additional tax amounting to KRW 5,50,00,000, to be paid by the Defendant to the Non-Party Company (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Vehicle Acceptance Agreement

1. A wing wing 14 tons of a vehicle model subject to takeover, 2013;

2. The balance of KRW 130,000,000,000 (Won 135,000,000) and the intermediate payment of KRW 135,000,000,000 (Won 130,000,000) on August 28, 2015 after the receipt of the vehicle under the acquisition terms and conditions * the balance of KRW 5,00,000,000 (Won 5,000,000) in the daily sum (Won 5,000,000) * the balance of KRW 5,00,000,000 in the daily sum (Won 5,00,000), written by deducting from the transportation expenses from the E head of the Tong to the

* The vehicle value-added tax agrees to apply for early refund because it was paid by the Bank of Korea in the Bank of Korea, and deposit by October 31 in the E-representative passbook of the Bank of Korea.

* The work in D is agreed to be at least six months and all those arising from the failure to work (such as material and monetary compensation) shall be responsible for B.

B. From September 9, 2015 to September 11, 2015, the Defendant retired from office after working in the foregoing D for three days. At that time, the Nonparty Company notified the Defendant of the rescission of the instant contract on the grounds of the breach of the instant contract terms.

C. On the other hand, on February 5, 2016, the Plaintiff merged the non-party company, and took over the instant lawsuit in the trial.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the instant contract was lawfully rescinded on the ground of the Defendant’s nonperformance of obligation.

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