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(영문) 부산지방법원 2014.09.05 2013가합16100
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000, and its annual rate from June 4, 2013 to September 5, 2014, shall be 6% and the next day.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is a person engaged in the manufacture and sale of machinery parts, etc. with the trade name of C, and the Defendant is a person engaged in the manufacture and sale of machinery, etc. with the trade name of D.

B. (1) On May 2011, the Plaintiff entered into the instant construction contract, etc.) with the Defendant: (a) around May 201, 201, SHBARING 130NC (hereinafter “instant bowling machine”).

(C) The plaintiff's right to purchase, which is planned to convert it into automatic machines and transfer and install it to the plaintiff's factory, and the 525C mining M/C used at the plaintiff's factory (hereinafter referred to as "mining machine of this case").

(2) Around June 20, 2011, the Defendant provided a quotation for the alteration and relocation installation work of the instant bowling machine to the Plaintiff, and the same year.

7. Around 15.15. In consideration of the Plaintiff’s remodeling and relocation of the instant bowling machine, and the repair and relocation of the instant mining machine, the total amount of KRW 120 million was KRW 10 million, and KRW 20 million was KRW 20 million.

(Value-Added Tax separate) A verbal contract was entered into (hereinafter “instant construction contract”).

3) The Plaintiff is a non-party IBK Capital Co., Ltd. (hereinafter “IBK”) with the purchase price of the instant Boring machine and the construction price of the instant case.

A) Upon entering into a lease agreement with the Plaintiff, the Defendant, at the Plaintiff’s request on November 201, prepared and delivered to the Plaintiff a construction contract, a sales contract, goods sales contract, etc. which entered the contract amount of KRW 300 million. 4) Ultimately, the Plaintiff had IBK deposit the lease fund of KRW 200 million into the Defendant’s account, and paid the instant Boring machine purchase price ( KRW 150 million) to Nonparty F (E) via the Defendant’s account. The Defendant received KRW 135 million from the Plaintiff as the instant construction price.

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