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(영문) 수원지방법원안산지원 2020.02.14 2018가단69557
기계인도 청구의 소
Text

1. The defendant shall receive KRW 8,000,000 from the plaintiff and at the same time, the machinery listed in the attached Table shall be attached to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “C”, was running a business with the trade name of “D”.

B. On August 17, 2018, the Plaintiff purchased the machines listed in the separate sheet (hereinafter “instant machines”) from the Defendant as KRW 30 million (hereinafter “instant sales contract”) and the main contents of the said sales contract are as follows.

Sales contract;

1.The buyer and the seller shall enter into a sales contract with respect to D sales cases by agreement as follows:

3. Payment date of purchase price (1) : The remainder: The purchase price shall be KRW 10 million in cash on August 27, 2018; KRW 5 million in bills; and the remainder five million in installments on August 27, 2018.

4. Transfer of ownership: A seller shall transfer to C all the goods of D and machinery owned by C as of August 27, 2018 when the buyer receives any balance from the buyer.

C. The Plaintiff paid KRW 10 million to the Defendant on the day of the instant sales contract, and paid KRW 15 million on August 27, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to deliver the instant machinery to the Plaintiff at the same time, upon the Plaintiff’s request, at the same time receiving payment from the Plaintiff of the remaining purchase and sale amount of KRW 8 million (=3,00,000 on the tax invoice - KRW 25 million).

3. Judgment on the defendant's assertion

A. As to the assertion that it is a sales contract based on the Defendant’s employment, the Plaintiff decided to employ the Defendant on the premise of the instant sales contract. However, the Plaintiff did not pay benefits for the right to land employed by the Defendant including the Defendant, and did not supply raw materials necessary for production. Accordingly, the instant sales contract was rescinded. 2) Accordingly, the instant sales contract was rescinded.

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