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(영문) 인천지방법원 2016.01.14 2014가합60466
매매대금
Text

1. The defendant shall be the plaintiff.

(a) KRW 398,390,580 and interest rate of KRW 15% per annum from January 6, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On August 26, 2011, the Plaintiff (i) is a company specializing in the Daelim Industry Co., Ltd. (hereinafter “Large Forest Industry”).

2) Of the construction works of Section B of Railroad Construction Co., Ltd. ordered by the Korea Rail Network Authority from the said Company, the construction works for the manufacture and installation of a PSSCX and a utility tunnel (hereinafter “instant bridge construction works”).

2) The Defendant is a company that produces a structure used for the construction of a bridge and a company that introduces C to the Plaintiff as a transfer set of C (C; hereinafter “C”) located in Italian Republic of Korea.

B. On October 26, 201, the Plaintiff entered the attached list (D; hereinafter “instant equipment”) necessary for the instant bridge construction from the said company with C on October 26, 201, along with the Defendant’s arrangement.

(1) A contract under which the supply of the instant equipment is to be made and supplied in 2,070,000 dollars (hereinafter referred to as “instant contract for the supply of the equipment”).

(2) On November 28, 201, the Plaintiff paid C the down payment of KRW 414,00 for the down payment on November 28, 201, KRW 1,622,50 for the intermediate payment, etc. on October 1, 2012 and around November 2012, and KRW 1,622,50 for the intermediate payment, etc. on February 1, 2013, respectively, and paid the remainder of KRW 103,50 for the full payment.

C. On November 21, 201, the Plaintiff entered into a contract for the sales of equipment between the Defendant and the Defendant to sell the said equipment to the Defendant for 306,000 tons after the Plaintiff completed the use of the instant equipment from the instant bridge construction (hereinafter “instant contract for the sales of equipment”). The main contents are as follows.

Article 1 (Purpose) The Plaintiff sells the instant equipment to the Defendant under an agreement made pursuant to the following provisions, and the Defendant purchases the instant equipment.

Article 2.(Equipment for the Use of the instant Railroad Equipment, B Industrial Railroad Equipment)

1. D 1Set (all equipment supplied byC);

2. Equipment 7) Quantity: D 1Set, E 1Set Article 3 (Sale Price and Price Payment): Sales Price shall be 306,000 square meters in total (the exchange rate applied on the day of acquisition of equipment and value added tax shall be set aside separately.

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