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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, including the status of the parties, is a company engaged in steel shipbuilding and repair business, sales business of shipbuilding machinery and equipment, etc., and the Defendant is a company engaged in construction machinery sales and introduction business.
B. On September 11, 2017, the Plaintiff entered into a sales contract, etc. related to the instant machinery (hereinafter “Nonindicted Company”) with the Defendant C Company (hereinafter “Nonindicted Company”).
b)Annexed Annexed Machines (hereinafter referred to as “instant machines”)
(A) On September 27, 2017, upon the Defendant’s inquiry of the purchase, the Defendant introduced the instant machinery to confirm the condition of the machinery, and around October 18, 2017, the Defendant and the Defendant wanted to export the instant machinery (hereinafter “foreign company”).
(2) Around October 24, 2017, the Defendant entered into a sales contract with a foreign company to sell the instant machinery to USD 1,250,000 (hereinafter “export contract”). The main contents of the export contract are as follows.
After the completion of repair work by the defendant, the third party designated by the foreign company can display 100% of the mechanical performance of this case after the completion of repair work.
Article 6 (Violation of Contract) In the event of a violation of Article 7 (Violation of Contract) of the FAS Conditions within 50 days from the date of the contract, the defendant shall return twice the down payment as compensation for damages.
3) On November 15, 2017, the Defendant purchased the instant machinery at USD 1,054,50 (hereinafter “instant sales contract”) between Nonparty Company and Nonparty Company (hereinafter “instant sales contract”).
The special terms and conditions of the instant contract are as follows: (a) a certificate of transfer of construction machinery (special terms and conditions for the parties to the instant contract are as follows:
1. Contract deposit: USD 105,450 (No. 15, 2017) and USD 949,050 (no. 30 days after contract). 2. Korean won payment made at the time of deposit of contract deposit.