(영문) 울산지방법원 2019.09.05 2018가합23267

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(영문) 울산지방법원 2019.09.05 2018가합23267

매매대금반환

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1. The Defendant’s KRW 296,34,00 for the Plaintiff and KRW 6% per annum from June 21, 2018 to September 5, 2019.

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff entered into a sales contract with the Defendant (former Co., Ltd.) to purchase KRW 592,688,00,00 in 2,963,440,000 (hereinafter “instant sales contract”).

The provisions relating to the instant sales contract relating to the instant case are as follows.

물품내역서 품명 규격 단위 수량 단가(원) 금액(원) 피고 버력 발파석 ㎥ 592,688 5,000 2,963,440,000 ◆ 버력 매각 일반조건 제5조 (반출기간) 반출기간은 2014. 9. 1.부터 2015. 12. 31.까지로 한다.

Provided, That to the extent that it does not interfere with the air of the defendant's site development project, consultation with the defendant and the plaintiff may be adjusted.

Article 6 (Contract Deposit) The plaintiff shall pay to the defendant the contract deposit equivalent to 10/100 of the contract amount at the time of concluding the contract, and shall pay the contract deposit equivalent to 20/100 of the contract amount to the defendant by December 31, 2013.

Article 7 (Disposition of Contract Deposit) (1) When a plaintiff fails to perform his/her contractual obligations without justifiable grounds, the down payment shall revert to the defendant.

(2) When the defendant fails to perform contractual obligations without justifiable grounds, the down payment shall revert to the plaintiff.

Article 8 (Payment of Price) (1) The Plaintiff shall pay 10% of the contract amount at the time of the contract, 20% of the contract amount until December 31, 2013, and 70% of the contract amount until February 28, 2014 to the Defendant.

(2) Where a plaintiff fails to pay the price under paragraph (1) without any special ground, he/she may be deemed to have failed to perform the contractual obligations, and the contract may be rescinded and terminated.

Article 9 (Interest on Delay in Payment of Price) Where a plaintiff fails to pay the price by the payment deadline under Article 8, an amount calculated by multiplying the number of days from the day following the payment deadline to the date of payment by the overdue interest rate of 20% per annum shall be paid as interest.

Article 11 (Place and Method of Extradition)

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