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(영문) 창원지방법원 진주지원 2018.11.15 2018가단66
약정금
Text

1. The defendant shall pay KRW 52,295,292 to the plaintiff simultaneously with the delivery of the attached parts from the plaintiff.

2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur engaged in the business of manufacturing agricultural machinery parts under the trade name of “C,” and the Defendant is an individual entrepreneur engaged in the business of manufacturing agricultural machinery parts, agricultural machinery parts, etc. under the trade name of “D.”

B. The defendant suggested that the defendant will not trade with the above company while supplying parts for agricultural machinery to the Daedong Industries Co., Ltd., and that the above company will sell the necessary raw materials, half-finished goods, ancillary facilities, etc. to the plaintiff at a low price.

C. On August 11, 2017, the Plaintiff accepted the Defendant’s proposal and concluded a sales contract for goods containing the following contents with the Defendant (hereinafter “instant sales contract”), and paid a total of KRW 199,353,800 to the Defendant as the price for goods.

Sale items: The amount of raw materials/finished goods/unit facilities, and delivery amount other than purchased goods: The period for payment, which has been reduced by 20% from the amount indicated in the transaction statement (other than Class 1, excluding reduction): 40% in September 40, 2017, 40% in October 2017, and 20% in November 2017, shall be returned to the Defendant.

Return deadline: By December 31, 2017, the defendant shall return and receive the return. D.

The Plaintiff returns goods equivalent to KRW 70,253,125 on December 29, 2017, and requests a correction or purchase of the amount of clerical error equivalent to KRW 4,884,010, and requests a correction or purchase of the amount of KRW 52,295,292 [The amount of KRW 56,202,50 [the amount of KRW 56,202,50 [the above amount of KRW 70,253,125 x 80 x 3,907,208 [the above amount of KRW 4,884,010 x 80 x 80%)]. The Plaintiff shall submit a written request for the return of the parts indicated in the attached sheet (Evidence 4; hereinafter referred to as “written request for the return of this case”).

(1) The Plaintiff and the Defendant sent text messages (Evidence A, No. 5) to the Defendant’s office that: (a) the Plaintiff did not appear in the Defendant’s office and did not talk about the return of goods to the Defendant’s employees; and (b) thereafter, the Plaintiff sent text messages (Evidence A, No. 5) to the Defendant that the instant request for return was placed in the office. [The grounds for recognition] The Defendant did not dispute; (c) the evidence Nos. 1 through 5 (only number number numbered

2. The parties' arguments.

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