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(영문) 수원지방법원 2020.01.15 2018가합10541
손해배상(기)
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant shall enter the attached list from the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of comprehensively recycling waste synthetic resin, and the Defendant is a company that runs the business of leasing waste equipment, manufacturing and selling machinery, etc.

B. On February 21, 2017, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase 240,000,000 won of scrap scrapers listed in the separate sheet (hereinafter “instant scrapers”).

The main contents of the instant sales contract are as follows.

1. Description name of used machinery: 400 Macro (Hp): 240,000,000 (excluding value-added tax): March 15, 2017;

2. Payment method down payment: 80,000 won intermediate payment: 40,000,000 won, installation, and remainder payment after completion of trial operation: 120,000,000 won, and December 30, 2018.

4. A/S treatment shall be three months.

Provided, That part of blades, bowlings, subsidiary blades and scirlings shall be excluded.

5. The settlement of any balance shall be made in four equal installments by 30 December 2018.

On March 30, 2018, February 30, 2018: 30,000,000 won on June 30, 2018: 30,000,000 won on September 30, 2018: 30,000,000 won on September 30, 2018: if the balance is not paid smoothly, the seller will take legal action by the notarial deeds of a monetary loan contract for transfer security, and the buyer will not raise any objection to the civil criminal charge accordingly.

C. On February 21, 2017, the Plaintiff paid KRW 80,000,00 to the Defendant as the down payment of the instant sales contract.

On March 21, 2017, the Defendant delivered the instant scrap to the Plaintiff. On March 22, 2017, the Plaintiff paid KRW 30,000,000 to the Defendant out of intermediate payment.

On April 17, 2017, the Plaintiff prepared a written confirmation of the installation of the instant crushing machine and the completion of trial operation and issued it to the Defendant.

E. On May 2017, the temperature of the instant automotive voltage devices is as follows.

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