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Reasons
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(영문) 의정부지방법원 2015.02.10 2014가단16135
부당이득금 반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 4, 2013, the Plaintiff and the Defendant agreed to discount the actual contract price of KRW 410,890,000 or KRW 5,890,000, as follows: (a) the first type of panel production facility (hereinafter “instant facility”) manufactured by the Defendant was set at KRW 405,005,00,000; and (b) the actual contract price was set at KRW 405,00,000.

(Separate Value-Added Tax) It shall be supplied to the factory of the Plaintiff’s operation, and the down payment of KRW 121,500,000 among the above payments shall be until March 10, 2013; and the intermediate payment of KRW 162,00,000 shall be paid by the same year.

3. Any balance of 121.50,000 won until 30.30.

5. A contract to pay each of the instant agreements by 30.0 (hereinafter “instant contract”) was concluded.

(1) Sung-type machines (use of existing facilities) 46,950,000 won (i.e., cryp type) 186,00,000 won (i.e., cryp type) (i., 18,000,000 won (new cryp type) 3) 18,000,000 won (i.e., ePS loading box (new) 12,00,000 won (new ePS) 5,000 won (i.e., 42,380,000,000 won (i., panel cryp type) 86,00,000 won (i.e., cryp type type) 4,00,000 won (i., Incheon, Incheon, 4,500,000 won (i.e., cyp type) 40,000 won (i.

B. The Plaintiff’s payment of the above contract amount to the Defendant KRW 15 million on January 17, 2013, and the same year

8. Cash of KRW 50 million, promissory notes of KRW 100 million, and the same year.

5. 9. 9. The payment of the remaining amount was not made in gold KRW 1 million, and the said promissory note was treated as a default on the payment of KRW 100 million.

C. Accordingly, the Defendant did not deliver the same type of a set of equipment to be originally supplied, and later, a notary public, who received from the Plaintiff, applied for an auction of corporeal movables on the facilities, equipment, etc. of the Plaintiff’s factory (hereinafter “auction of this case”) as the title of execution of the No. 114 of the No. 2013No. 114 of the No. 2013 as the title of execution of the No. 114 of the No. 2013 as the No. 20158, Apr. 9, 2014 for the auction of corporeal movables on the facilities, equipment, etc. of the Plaintiff’s factory (hereinafter “instant auction”).

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