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(영문) 부산지방법원 2018.09.05 2017가합48365
유체동산인도
Text

1. Defendant B Co., Ltd. shall deliver to the Plaintiff the goods listed in the separate sheet.

2. Defendant E shall be the Plaintiff on 200,000.

Reasons

1. Basic facts

A. A. Around June 2012, the Plaintiff entered into a contract with Defendant E, referred to as the representative director of G Co., Ltd. (hereinafter “G”), under which the Plaintiff entered into an oral agreement with the Plaintiff to sell all of the main engines, power generators, and other accessories for vessels listed in the separate sheet owned by the Plaintiff (hereinafter “instant engine”) in the purchase price of KRW 630 million (excluding value-added tax).

(hereinafter “instant sales contract”). B.

On July 24, 2012, the Plaintiff and Defendant E drafted a contract for the instant sales contract (hereinafter “instant sales contract”).

The main contents of the sales contract of this case are as follows.

The supplier of the ship-use engine sales contract: The contract amount under Article G2: the supply of goods under the contract amount shall be KRW 630 million at the market price in the supplier's warehouse, and the additional tax shall be paid separately in the manner and conditions of payment under Article 3: G shall pay the Plaintiff KRW 30 million at the first down payment at the time of the contract on July 24, 2012, and the remainder, as the second down payment on October 11, 2012, shall be the condition that the remainder, as the second down payment, shall be immediately paid within the month after the contract.

(A) The transfer and acquisition of the rights under Article 4: The Plaintiff shall transfer to G or to a person designated by G all the rights under a contract for the supply of goods entered into with G at the same time as the balance is paid.

Article 5 (Refund of Price: Where a contract is not concluded due to a cause attributable to the plaintiff, the full return of the deposit of the down payment and the equivalent loss shall be compensated within three days from the date of written request of G, and where the contract is not concluded due to a cause attributable to the delay in the balance of G, the full down payment shall be waived

Article 9. Special Provisions: ① All the goods are to be in the present condition confirmed in the presence of the parties at the warehouse of the supplier of the Guro on the day of the contract. ② The charges for storage and other incidental expenses for the delay.

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