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(영문) 서울고등법원 2017.08.30 2017나2012330
보증금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells construction machinery, etc. necessary for the selection and crushing of aggregate, and the Defendant is a company that runs electrical construction business and wholesale and retail business of electrical materials.

B. On June 7, 2014, the Plaintiff entered into a sales contract between the Plaintiff and the Jinong-LLC (hereinafter “the instant sales contract”) with respect to machinery (such as equipment necessary to crush and classify tin mined in the mine, which is installed in the Jin-si, Nam-si, a limited liability company (hereinafter “Jin-si”) and the Plaintiff’s crackers, etc. installed in the B mine located in Namyang-si, as follows (hereinafter “instant machinery”).

Sales contract;

2. Purchase price: 365,000,000 won (excluding value-added tax).

3. 1) Contract deposit: 100,000,000 won (each payment of KRW 60,000,000 on June 7, 2014, and each payment of KRW 40,000,000 on June 9, 2014): The service industry for the advance payment of KRW 265,00,000 (payment on September 30, 2014) shall complete the trial operation by June 30, 2014.

Provided, That in addition to the balance until the payment date of the balance, the actual dispatch industry shall be paid to the Plaintiff three times each month in the amount of KRW 25,00,000 on the monthly rent for three months, separately from the balance until the payment date of the balance.

5. This construction machinery (referring to the instant machinery) means the state in which it is installed at the B Mine site in Namyang-si (as of June 7, 2014).

6. The ownership of the construction machinery is transferred to the Plaintiff until the remainder payment of the construction machinery, and the ownership is transferred to the supplying industry after full payment of the total amount of the construction machinery.

10.The dust transmission industry shall inspect this construction machinery closely before the contract is entered into, and may not thereafter raise an objection against, any reason for the contract.

[Matters of Special Agreement]

1. This Agreement shall be completed on June 9, 201 through a trade certificate.

- The coal transmission industry shall pay the remainder to the Plaintiff by September 30, 2014, and transfer the ownership of the machinery, and the Plaintiff shall take all necessary measures to transfer ownership. If the coal transmission industry is involved.

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