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(영문) 대구고등법원 2015.09.23 2014나21138
소유권확인
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

. A contract (No. 3, hereinafter “the second sales contract”) was additionally prepared, and the main contents thereof are as follows.

D (hereinafter referred to as the “A”) and the “A” (hereinafter referred to as the “B”) shall enter into a production and supply contract with respect to the “E (TOPCOING”)” as follows:

The name E 1600 x 1800h (hereinafter referred to as "E equipment") production period of 20 years to December 15, 2012, KRW 400,000,000,000 of the contract amount per day of 20 years to December 15, 2012 - The payment of additional tax in cash (the contract amount: KRW 400,000,000): The payment of additional tax (the contract amount: this payment, intermediate payment: the balance: the contract period and the payment method) Article 3 (the payment method).

1. The term of the contract commences from the date of the contract to December 15, 2012.

2. Down Payment: A shall pay KRW 200,000,000, separate from the value added on the date of conclusion of the contract.

3. Part-time payments: A shall pay a daily amount of money not later than 20 days by the 20th day.

4. Balance: “A” shall pay a daily amount, including value added, within seven (7) days after the completion of a trial operation.

* Any balance shall be paid every month from the end of January 2013, in addition to ten million won.

on December 15, 2012: DB (person) : A representative director G (person)

C. B, on the date of preparing a sales contract ( December 3, 2012), in order to secure the payment of the price under the first sales contract with the Plaintiff Company, KRW 10,00,000,000 among the total amount of KRW 418,00,000 (including additional taxes; hereinafter the same shall apply) until December 31, 2012, and KRW 110,000,000 until January 31, 2013, and KRW 198,00,000 until February 28, 2013, written a notarial deed of a debt payment contract (No. 20, No. 1719, 200,000 for each payment by the date of February 28, 2013) (hereinafter referred to as “notarial deed of the Plaintiff Company”).

Plaintiff

On December 20, 2012, the Company: (a) installed the instant machinery in the distribution room of Geumsung-gun, a supply place designated by B on December 20, 2012; and (b) delivered it to B; (c) however, the Company did not receive at all the purchase price from B.

E. Meanwhile, the Defendant on July 2012.

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