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(영문) 대구고등법원 2018.01.25 2016나27000
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or may be found in full view of the purport of the entire pleadings in the entries or videos of Gap evidence Nos. 1 to 5 (including branch numbers, hereinafter the same shall apply) and Eul evidence Nos. 1, 3 through 9.

The plaintiff is the main business of the automobile parts manufacturing business, and the defendant is engaged in mechanical manufacturing business in the trade name of "B".

On August 31, 2012, the Plaintiff, from the Defendant, purchased from the Defendant an Alim processed machine (a size is 3.5m x 4.5m, the quantity is 1 Line, which consists of the set of the Flock 3 set, the set of Slock 1 set, and the set of the Clock 1 set; hereinafter referred to as “instant machine”) in KRW 126,50,000 (hereinafter referred to as the “instant contract”), agreed as follows (hereinafter referred to as “instant contract”), and paid the down payment of KRW 70 million (50 million) by September 11, 2012.

by September 26, 2012, the Defendant supplied the instant machinery to the Plaintiff’s factory and bears the responsibility for test operation and technical guidance of the instant machinery.

The plaintiff shall pay the down payment of KRW 70 million on the date of the contract, and the remainder of KRW 56.5 million shall be paid within five days after the completion of the machinery installation.

The maintenance period of the machinery of this case shall be 12 months from the date of delivery, and some expenses for parts and repair shall be paid for defects caused by the plaintiff's negligence.

B. Around October 2012, the Defendant manufactured the instant machinery and installed it at the Plaintiff’s factory and carried out a test run around that time.

C. On November 6, 2012, the Plaintiff provided the instant machinery to the Daegu Bank as collateral for the existing loan obligation. On July 30, 2013, the instant machinery was appraised as KRW 130 million at the time when it again provided the instant machinery to the Daegu Bank as collateral for the existing loan obligation.

While the Plaintiff did not pay 56,50,000 won of the remaining trade after the agreed date, the Plaintiff is plaling among the instant machinery to the Defendant around 2013.

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