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(영문) 인천지방법원 2019.05.16 2018가단236929
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. On October 25, 2017, the Defendant is the instant machinery, “not more than one unit of SHAR LINE (6T*1524*60MM) from C Co., Ltd. (D works).”

(B) The Defendant purchased the instant machinery in KRW 170 million (excluding value-added tax). On October 26, 2017, the Defendant sold the instant machinery in KRW 245 million (excluding value-added tax) to F who actually operates E, and F paid KRW 10 million to the Defendant, KRW 70 million on October 31, 2017, KRW 110 million on March 27, 2018, KRW 250,000 on June 22, 2018, and KRW 11 million on June 25, 2018.

2. Determination as to the cause of action

A. On September 14, 2017, the Defendant agreed to pay 50% of the difference between the Defendant’s purchase price and the sale price to the Plaintiff when selling the instant machinery to another person with the Plaintiff’s efforts.

The Plaintiff introduced the Defendant as the actual operator of E, and entered into a sales contract for the instant machinery on October 26, 2017 between the Defendant and F, and the Defendant received full payment from F. As such, the Defendant is obligated to pay the Plaintiff KRW 37,50,000 (245,000,000 for the Defendant’s sales price - KRW 170,000 for the Defendant’s purchase price x 1/2).

B. In full view of the following facts: (a) the Plaintiff’s introduction entered into a sales contract on the instant machinery on October 26, 2017 between F and the Defendant, namely, F and the Defendant’s representative director as of October 19, 2017; (b) the Plaintiff visited C Co., Ltd. for the purpose of viewing the instant machinery; (c) the fact that F decided to purchase the instant machinery as of October 19, 2017; and (d) the Defendant determined to purchase the instant machinery after the Defendant decided to purchase the instant machinery.

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