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(영문) 청주지방법원 2018.01.12 2016가합23455
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (i) The status of the parties (i.e., the Plaintiff is a C Federation for the purpose of producing and selling eco-friendly milk products and milk for school meal services (hereinafter “C”), D and the Defendant jointly established.

The defendant is a company established on February 6, 2015 for the purpose of developing new materials, corporate agricultural management, etc. using agricultural food architecture technology.

② D served as the representative director of the Plaintiff from March 31, 2006 to September 21, 2015, and is serving as the representative director of the Defendant from March 31, 2006 to the date of closing argument of this case.

B. On April 13, 2015, the Plaintiff and the Defendant’s representative director entered into the instant supply contract, and D, on behalf of the Plaintiff and the Defendant, entered into a contract on the purchase from the Defendant of the Plaintiff and the Defendant of Germany.

(hereinafter “instant supply contract”). The main contents are as follows:

Goods and the price of the goods - CAF 600 (hereinafter referred to as “instant abandonment”) 280,175 - CAF 50,200 - The defendant shall deliver the goods to the place requested by the plaintiff after the plaintiff paid the contract price for the goods and then July 31, 2015, and the delivery date may be advanced according to the schedule of completion of the Plaintiff’s meritorious and meritorious work.

If the plaintiff and the defendant refuse to perform their contractual obligations within the contract period, the other party may claim 10% of the total amount of the contract.

Consolidatedly, from April 15, 2015 to June 25, 2015, the Plaintiff paid 490,119,854 won in total to the Defendant from April 15, 2015, including the payment of goods. Of this, the payment of goods for the abandonment of this case is KRW 420,749,542.

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Of the Plaintiff’s assertion of the instant supply contract, the part on the abandonment of the instant case was lawfully rescinded on November 5, 2015 on the grounds of the Defendant’s delay of performance, incomplete performance, etc. as follows.

Therefore, the defendant is against the plaintiff.

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