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Reasons
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(영문) 대구지방법원 2018.11.29 2018나301198
제3자이의
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1. Revocation of a judgment of the first instance;

2. The Defendant’s Yangsan District Court, Yangsan-si Court, 201, Dec. 17, 2014.

Reasons

1. Basic facts

A. Contract 1 between the plaintiffs and C Co., Ltd.

) Machines listed in Annex 1 (hereinafter referred to as “a machinery”) between the Department and the Department.

As to the sales contract (hereinafter “the first sales contract”) with the following terms and conditions:

was drawn up.

Sales contract;

1. Description of the goods - including 4 COLOR postpexpacters, stophers and otophers (including punched set sets) of chemical machinery, and 220,000,000 won (excluding value-added tax) of value-added tax;

1.The buyer shall pay 10,000,000 won to the seller at the same time as this contract is executed and the seller shall be duly received.

1. The delivery date shall be as of October 31, 2014;

1. All goods shall belong to the seller until the buyer pays the price in full, and if the buyer intentionally delays the price, the seller shall have the right to recover all the goods;

1. Date of contract: On October 30, 2014, the representative of the K seller K seller K, the representative of the K buyer-seller A: F2) Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”).

[Attachment C] The machines listed in Schedule 2 (hereinafter referred to as “Class 2 machinery”) between Section C and the term “each of the instant machines” when referring together to the machines listed in Schedule 1 and 2.

As to the sales contract (hereinafter “the second sales contract”) with the following terms and conditions:

Done at the 201.7. 26. 201

1. Project owner (A): Dispute Settlement Bank E;

2. Supplier (B) : Plaintiff B’s agreement to sell the goods to “A” and “A” agree to purchase the goods from “B” and the composition of the goods is as follows.

(1) Article 3 / [Prohibition of Sale of Goods] of the Product Description and/or Nos. 1,200 x 1,700 x 1 set, 1 set, 210,000 x 3 / [Prohibition of Sale of Goods]

1. With respect to the goods under Article 2 of the above price for the goods, “A” shall be KRW 210,000,000 at the purchase price for the goods (excluding surtax).

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