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(영문) 수원지방법원 2014.05.16 2013가합7564
매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is an enterprise specialized in stone construction among indoor works, and the defendant is engaged in import and sale of stone and import brokerage business.

B. On February 17, 2012, the Plaintiff was awarded a subcontract for tin (hereinafter “instant construction”) among the “Calan Complex Design” from the Calan Complex Design Co., Ltd. (hereinafter “Aalan Design”).

In relation to this, the Plaintiff was originally designated as an agent for the instant work from the design to be used in the instant work, but was demanded from the person in charge of the design to change the status of the agent for the royalty thesis that the Plaintiff intended to use from the person in charge of the design to another agent.

C. Around May 22, 2012, the Plaintiff explained the Plaintiff’s situation to the Defendant, and sent samples of the Indonesia Syleland (hereinafter “Syleland”) held by the Defendant to the Defendant, and around June 12, 2012, purchased from the Defendant a 60,500 square meters of 13.32 square meters of malleland for a real model (a wood business, mock group) from the Defendant (including value added tax).

The Plaintiff, as seen above, manufactured a real model from the Defendant as a ryptian substitute, obtained approval for the alteration of a tin model, and accordingly, purchased a 212 square meters of ryuri site owned by the Defendant from the Defendant on July 2012 in addition to 60,500 square meters per square meter (including value-added tax).

After that, around August 29, 2012, the Plaintiff performed part of the instant construction work as a ryletoy agent purchased from the Defendant as above.

On the other hand, in order for the Plaintiff to complete the instant construction, it is necessary to additionally have an amount equivalent to 1,200 square meters of lusium, and the Plaintiff, who was unable to purchase the said volume from the Defendant, was importing it from Indonesia to raise funds.

E. Accordingly, on August 30, 2012 and September 27, 2012, the Plaintiff, each of whom was the payee, was UNatdonesia, the amount of which was 28,800 US dollars, and 14,400 US dollars.

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