(영문) 부산지방법원 2018.11.20 2018가단317672

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.11.20 2018가단317672

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) Company B and the Defendant C jointly and severally with the Plaintiff (Counterclaim Defendant) amounting to KRW 30,000,000 and that amount.

Reasons

The principal counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On March 28, 2017, the Plaintiff entered into the instant contract with Defendant Company B (hereinafter “Defendant Company”), a corporation established for the purpose of manufacturing, selling, importing, and exporting and importing singing machines and related equipment under Defendant C’s guarantee, as follows: (a) the Plaintiff entered into the instant contract with the Defendant Company B (hereinafter “Defendant Company”).

A. The name of this case was entered into. The system quantity: 30,000,000 won (in case of a separate contract deposit: 5,000,000 won, and in case of a contract, it shall be paid and received at the time of the contract. Any balance: 25,000,000 won, and March 31, 2017.

B. The Defendant shall complete the development of the instant system ordered by the Plaintiff by June 30, 2017 and take normal action, complete the relevant program, etc., and deliver the instant system to the Plaintiff.

B. According to the instant contract, the Plaintiff paid KRW 5,00,000 on March 28, 2017, which is the date of the contract, and each of the remainder KRW 25,000,000 on March 30, 2017. However, the Defendant Company failed to deliver the instant system by June 30, 2017, which is the delivery date stipulated in the instant contract.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion (principal suit) Defendant Company did not supply the instant system under the instant contract by June 30, 2017, which was the delivery date.

Accordingly, the plaintiff cancelled the contract of this case by the delivery of the complaint of this case, and claims the return of KRW 30 million paid by the plaintiff to the defendant company to its original state.

B. The instant contract was concluded in accordance with the Defendants’ assertion (including counterclaim) that the Plaintiff guaranteed the future order of 1,000 sets and promised to cover the development cost per 1,00,000 sets for each 1,00 sets produced.

The delivery deadline stated in the instant contract is the normal development of the instant system.

유사 판례

-서울중앙지방법원 2015.12.30 2013가단324073

-서울남부지방법원 2017.06.15 2015가합105996

-인천지방법원 부천지원 2018.07.20 2017가단114964

-서울중앙지방법원 2017.09.22 2017가합512936

-서울남부지방법원 2018.09.11 2017가합113830