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(영문) 서울중앙지방법원 2016.08.24 2015가단5027852
매매대금반환
Text

1. The Plaintiff:

A. Defendant A’s KRW 8,600,000 and for this, 6% per annum from May 26, 2015 to August 24, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that engages in waterproofing construction business, waterproof materials wholesale business, retail business, etc., and the Defendant is a person who engages in the manufacturing business, such as mechanical works, with the trade name “B”. 2) The Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee”) is an insurance company that aims at guarantee insurance, etc., and a performance guarantee insurance company that entered into with the Defendant A that made the Plaintiff as the insured.

B. On June 4, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant A with the Defendant for production and supply (hereinafter “instant contract”) under which the Plaintiff would be entitled to KRW 22,00,000,00 in return for the production and supply of the “severe-term (Automatic)” (hereinafter “instant contract”) from the Defendant A until July 25, 2012.

Of the contracts (Evidence A No. 3) prepared in the course of entering into the instant contract, the contents related to the instant case are as follows.

The term "A" and the "A" of the "A" of the "A" of the "A" of the "A" of the "A" of the "A" of the "A" and the "A" of the "A" of the "A" of the "A" of the "A" of the machinery manufacturing contract. The

Article 1(Purpose)The purpose of this Agreement is to regulate the matters which “B” manufactures and completes the delivery of the separate machinery drawings of the lottery as requested by “A”.

Article 2 (Manufactureed Machinery)

1.A “B” shall manufacture and supply machinery that “A” can be used in the “Pested Art Foundation (Automatic)”.

Article 3 (Production Price and Payment)

1. The specific method of payment shall be calculated as 22,00,000 won (including value-added tax) and shall be as follows:

1) down payment: 8,800,000 - Part payment 2) at the time of the conclusion of this contract: 6,600,000 - Three remaining amounts at the time of the completion of machinery production: 6,600,000 - When passing an inspection on seven days after the delivery of machinery

2.In the event that payments under paragraph 1 are overdue, 3/100 interest per annum shall be added.

3.The term “B” shall mean the down payment.

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