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(영문) 광주지방법원순천지원 2017.11.16 2015가합503
매매대금반환 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 16,59,500 to the Defendant (Counterclaim Plaintiff) and its payment from April 16, 2016 to the date of full payment.

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1 and 3 (including the provisional number; hereinafter the same shall apply);

(i) entry in evidence Nos. (i) and (v) and the purport of the whole pleadings;

A. On April 16, 2011, the Plaintiff entered into a contract with the Defendant to purchase “C” (hereinafter “instant machinery”) at KRW 185,00,000 (excluding value-added tax) (hereinafter “instant sales contract”). The main contents thereof are as follows.

Article 2 (Indication of Contract Goods) The personal business chain operated by the defendant means D.

“E” is a private business chain operated by the Plaintiff A.

[The sales contract for the certificate No. 1 is described as the "F," but it means a statement of transaction (certificate No. 2-1) and a tax invoice (certificate No. 2-2) in light of each entry, etc. in the transaction statement (certificate No. 2-1). The name, standard, and specifications of the goods to be supplied to the person shall be as follows:

1) Item C2: 1 SET Article 3 (Contract Amount and Payment Terms) 1. Payment Terms of 185,000,000 won (excluding value-added tax) 2. Upon entering into this contract, A shall pay the down payment of 55,50,000 won, which is 30% of the supply price, to B at the same time as the contract is entered into. 2) : A shall pay the down payment of 74,00,000 won, which is 40% of the down payment at the time of entry into customs clearance.

3) The remainder: B submits the warranty insurance policy to Gap after the completion of a trial run, and Gap shall pay the remainder of 5,500,000 won after receiving it. Article 5 (Defect Guarantee Period A) provides that the warranty period for the goods supplied shall be 12 months after the trial run and the performance shall be guaranteed.

except that the following shall not be responsible:

(i) trouble due to care failure or impairment 2) which has been remodeled or has been caused by repair, and damage 3) which has been caused by voltages or other special external factors, 4) due to care by users;

B. The Defendant installed the instant machinery from May 30, 201 to June 2, 2011, and from June 3, 2011 to June 4, 2011.

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