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(영문) 창원지방법원 2020.12.10 2019나66092
계약금반환
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit, and appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and the counterclaim.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “C”, engaged in manufacturing business, such as non-ferrous metals and champs. The Plaintiff was introduced by the Defendant, which was established for the purpose of electrical construction business, etc. through D for repair as it is not good to meltive performance of the DCAC, which is a metal sea-preventive facility owned by the Plaintiff (hereinafter “instant machinery”).

B. The instant machines operate as follows:

“The supply of the exchange power (380V-60 Hz) supplied from the Korean electric power to the transformation cable (e.g., screen 1). The former voltage (e.g., the voltage) converted from the alterr (TR) to the electric voltage capable of melting metal, such as cU by converting the voltage of the electricity charged from the transitionr (TR), and output it after converting the voltage into the electric voltage capable of melting the voltage (CU), and converting the flow from the control tower (e.g., the current flow from the control tower (C) to the direct current from the exchange (DC) via the stop circuit, and converting the voltage converted into the direct current from the electric transmission line (e.g., the cable (g., the forest) connected to the voltager (TU) connected to the electric transmission line (AC) installed in the body (TU, thereby causing a state of crokeing by using the air conditioning platform (TR).

C. After inspecting the instant machinery, F Co., Ltd., the Defendant’s trader, the Defendant’s trader, stated that the cirrat capacity to the Defendant would be 250 knife., and the Defendant transferred this to the Plaintiff via D.

On July 20, 2017, the Plaintiff concluded a repair contract with the Defendant on the following terms (hereinafter “instant repair contract”) and paid the Defendant the down payment of KRW 10,000,000 on July 28, 2017.

Standard Electrical Construction Contract

1. Project owner: C;

2. The name of the contracted project: G project;

3. The construction site: The construction site seems to be a clerical error of HI in Kimhae-si.

4. Construction period: Amount of contract on August 20, 201 after completion of July 20, 2017: Value-added tax of 27,00,000 won: 2,70,000 won: 2,70,000 won.

6. The payment of the price is.

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