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(영문) 광주지방법원 2015.02.03 2014가단46865
계약금반환
Text

1. The Defendant’s KRW 33,275,00 for the Plaintiff and KRW 5% per annum from October 1, 2014 to February 3, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a trade company, and the Defendant is a limited company with the trade business purpose.

B. On January 23, 2014, the Defendant entered into an export vehicle supply contract with the Defendant that supplies to the Defendant an export vehicle amounting to KRW 2.925 million per unit KRW 300,000,000,000, total of KRW 9.755 million per unit, which is produced by Orala Korea Co., Ltd. in Orala Korea.

At the time of the conclusion of the above export vehicle supply agency contract, the defendant and Oralone Korea Co., Ltd. shall set the delivery date within the extent not exceeding 30 days through mutual consultation, if Oralone Korea Co., Ltd. fails to supply contract vehicles within two months from the date of conclusion of the above contract, but if the supply of contract vehicles is not made within 30 days after the re-consultation on the above delivery date, the contract amount equivalent to 3% of the total contract deposit amount and the remaining contract amount shall be compensated for or paid to the defendant according to the number of vehicles which are not supplied by

(Article 4(2)(c) of the contract.

On February 4, 2014, the Defendant entered into a contract between the Plaintiff and the Plaintiff for the supply of export vehicles (hereinafter “instant contract”) with 50,000 won per 9.75 million won per unit, total of 487,50 million won, from among 300,000, which the Defendant would be supplied from Otoo Korea in accordance with the said export vehicle supply agency contract.

At the time of the conclusion of the instant contract, the Plaintiff and the Defendant agreed that all of the terms and conditions of the instant contract will comply with the terms and conditions specified in the said export vehicle supply agency contract.

The Plaintiff paid the down payment to the Defendant on the date of the conclusion of the instant contract, but the Defendant supplied only two of the 50 motor vehicles initially supplied (one million won per unit) as the contract for the supply of the said exported vehicle concluded with the Korea Co., Ltd. was terminated, and thereafter, the Plaintiff supplied only two of the 50 motor vehicles originally supplied to the Plaintiff.

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