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(영문) 인천지방법원 2015.01.14 2013가합11085
손해배상금등
Text

1. Defendant B Co., Ltd.: (a) from April 27, 2012, with respect to KRW 655,000 and KRW 525,00,000, among the above amounts, to the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff is a person engaged in the scrap metal sales business, etc. with the trade name of “D”, and Defendant B (hereinafter “Defendant Company”) is a company engaged in the scrap metal sales business, etc., and Defendant C is a representative director of the Defendant Company.

B. On April 4, 2012, the Plaintiff purchased F-owned factory machinery, equipment, office equipment, etc. at KRW 915 billion in price in the corporeal movables auction case (hereinafter “instant auction”) at the Jeonju District Court No. 2011No. 1009 (Seoul District Court 201Da1110, 2011No. 2506, 201No. 2567), which was conducted in the factory of Nonparty F Co., Ltd. (hereinafter “F”) located in the Jeonju-gun Group E (hereinafter “F”), and paid the purchase price in full.

C. On April 7, 2012, the Plaintiff entered into a sales contract of this case with the Defendant Company, under a contract under which the Plaintiff sells the entire amount of “all of the mechanical facilities and equipment installed in the factory and the entire substance of the bid” (hereinafter “the instant sales contract”) for KRW 1,350,000,000,000 purchased by the Plaintiff during the instant auction procedure with the Defendant Company (hereinafter “instant sales contract”). The contract deposit amounting to KRW 100,000,000 on the date of the contract, the intermediate payment of KRW 20,000,000 on April 12, 2012, and the remainder amount of KRW 1,05,00,000,000,000

At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant Company agreed to undertake the removal of the F factory inside the factory from April 7, 2012 to October 7, 2012, and to bear all the costs of the work, such as the cost of the cutting of scrap metal and the transportation of scrap metal, etc., and the Defendant Company was handed over the F factory site from the Plaintiff.

According to the instant sales contract, the Defendant Company paid the Plaintiff the sum of KRW 100 million and the intermediate payment KRW 200 million. D.

The Plaintiff, on April 4, 2012, attached to solar power generation facilities in the F plant, on the instant auction object (hereinafter “instant electric wires and pipes”) and pipes attached thereto (hereinafter “instant electric wires and pipes”).

including this.

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