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(영문) 대전지방법원서산지원 2020.02.26 2018가단54588
매매대금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the evidence Nos. 1 and 2 evidence and the purport of the entire pleadings as a result of the appraisal by the appraiser C of this court.

Around May 2018, the Plaintiff entered into a contract (hereinafter “instant contract”) under which the Defendant produces an 250 tons presses (hereinafter “instant machinery”) from the Defendant, which is a motor vehicle part, and paid an advance of KRW 16.5 million to the Defendant on May 17, 2018. On May 25, 2018, the Plaintiff entered into a contract with the Defendant and paid the down payment of KRW 16.5 million as follows:

The mechanical name electronic frame frame 250 tons (including Dacoo) quantity per 1 other

1. New manufacturing units, such as painting and safety devices, control roll, etc.;

2. New production of presses;

3. Transportation and installation, and items for trial operation;

1. Presses (including ccushion) 23,000,000

2. 10,000,000 including painting and safety devices, consortiums new production; and

3. Presses, proof shieldss, safety devices, 2,00,000;

4. Transportation and installation, 5,000,000 total sum for trial run 40,000,000 (Additional Tax Table)

1.The proceeds of this transaction shall be 40 million won and shall be paid in accordance with the following methods:

1) The remainder amounting to KRW 16.5 million shall be paid at the same time as the contract is made. 2) The remainder amounting to KRW 16.5 million shall be paid at the time of the repair of equipment (e.g., May 25, 2018) and KRW 7,00,000,000 after the installation and operation of equipment, Article 2 (Payment Date) shall be completed by the Defendant until May 27, 2018 as the Plaintiff’s factory (YU) at the seat of the Plaintiff. Article 3 (Examination and Inspection)

1. The plaintiff shall conduct an examination and inspection of the machinery supplied by the defendant within five days from the payment period, and the plaintiff shall pay other amount when it considers that there is no defect in the equipment.

2. The defendant shall be liable for defects of the machinery supplied by the plaintiff's workplace and shall promptly supplement the defects.

B. The Defendant, May 27, 2018, shall be the Plaintiff.

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