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1. Paragraph 1 of the order of the first instance judgment, including the revision of judgment, is modified as follows.
Defendant B.
Reasons
1. Basic facts (1) The Plaintiff is a company that operates manufacturing business of medical appliances and wholesale and retail business.
Defendant B is actually engaged in the business of manufacturing industrial equipment under the trade name of “D,” and Defendant C is registered as a female female of Defendant B.
② On January 9, 2013, the Plaintiff entered into a contract for manufacturing “3-WY assembly” (hereinafter “instant machinery”) under the name of Defendant B (representative: Defendant C) and “instant contract.”
its key
Details are as follows:
Article 3 (Period of Payment) The payment date shall be March 20, 2013.
Article 4 [Production Amount] Total Amount of KRW 145,00,000.
Article 5 [Separate Method of Value-Added Tax] (1) 72,500,000 won of down payment shall be paid within ten days after the written contract is prepared.
(2) Any balance of 72,500,000 won shall be paid at the quality department of the plaintiff within ten days after approval is granted as to whether the machinery works for the last time.
Article 14 [Cancellation of Contract] (1) The plaintiff may rescind this contract in any of the following cases, and D may not raise an objection:
- When D does not delay or refuse the manufacture and supply of the products ordered by the Plaintiff without good cause, or does not comply with the schedule attached to the order - When D continues to meet the terms and conditions of this Agreement for a certain period of time and there is no room for early recovery from the terms and conditions of this Agreement. ② When the contract is terminated due to the reasons referred to in the preceding paragraph, D must return within three days all the expenses settled by the Plaintiff.
③ On January 18, 2013, the Plaintiff paid KRW 72,500,000 to Defendant C’s bank account.
④ Defendant B, under the name of D, is SPA Co., Ltd. on April 26, 2013.
) A contract was made for the manufacture of the instant machinery in KRW 72,00,000. [In the absence of dispute over the grounds for recognition, the entries in Gap 1, 2, 4, and 5 and the purport of the entire pleadings.]
2. The Plaintiff’s assertion that Defendant B had the delivery deadline stipulated in the instant contract to the Plaintiff on March 2013.