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(영문) 부산지방법원 2015.06.18 2013가단64249
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 4, 2012, Defendant and C entered into a sales contract with Dong-gu, Inc. with the content that purchased the remainder of KRW 500,000,00,00, excluding the remainder of the machinery, apparatus, etc. in the E-factory located in Nam-gu, Inc., Ltd., E-factory D, with the exception of urban gas and oxygen pipes, water source facilities, and ancillary facilities attached to the building.

B. On December 12, 2012, the Defendant and C concluded with the Plaintiff a sales contract to sell the machinery, apparatus, etc. described in the foregoing paragraph (a) (hereinafter “the subject matter of the instant sales”) (hereinafter “the instant sales contract”), and the key content thereof are as follows.

Article 5: The total sales amount shall be KRW 750,00,000, but the advance KRW 100,000 shall be paid on December 12, 2012, and the intermediate payment of KRW 400,000,000 shall be paid on December 19, 2012, and the remainder amount of KRW 250,000 shall be paid on December 27, 2012.

The object of sale shall not be shipped out without paying any balance.

Article 6:Where a seller or a purchaser has violated the provisions of this Agreement, the other party may terminate the contract without notifying the other party who has violated the provisions of this Agreement.

Article 7:Where the buyer makes a default, he shall be deemed to have lost the right to claim the return of the purchase-price already delivered to the seller.

C. Meanwhile, between F and F on December 6, 2012, immediately before the instant sales contract, the Defendant sold all of the scrap metal (except machinery) emitted from E plant to F in KRW 60,000,000, and entered into a sales contract for delivery of scrap metal by December 31, 2012, and the Defendant received all of the above KRW 60,000,000 by December 7, 2012, and did not deliver the said scrap metal to F.

On December 12, 2012, the Plaintiff paid 90,000,000 won in advance to the Defendant (the Plaintiff agreed to borrow 10,000,000,000 won from the Defendant for the work of dismantling the machinery machinery within a factory on December 13, 2012, and paid 70,000,000 won out of the remainder of 80,000,000 won in advance to the Defendant for the work of dismantling the machinery within a factory, and thereafter.

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