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(영문) 서울중앙지방법원 2018.04.27 2017가단5041890
원상회복 청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is attached to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On July 6, 2016, the Plaintiff and the Defendant entered into a contract for the supply of goods (A-1) with the following terms and conditions (A-1) as follows: (a) the goods to be supplied by the Defendant to the Plaintiff are 2,000 square meters for adults, 500 square meters for children, and the size and color of the goods to be supplied to the Plaintiff as follows (Article 2). The following details are as follows (Article 2). The name “SBS Employment Campaign” is 46,430 won for adults per unit price “1,00 square meters for children, 46,430 won for children, 40,625.25 won for children, 2,000 square meters for children, 190 square meters for children (190-220), 2000 square meters for children’s use, 2300 square meters for children’s use, 2300 square meters for children’s use, 25020, 27.31.

(Article 3(2)(d) The Plaintiff shall pay the Defendant the down payment of KRW 20 million within four days from the date of receipt of the tax invoice, and the Plaintiff shall send the written order to the Defendant and pay the price for the goods for special use within seven days after the termination of the online specialty event. Upon completion of the joint purchase, the Plaintiff shall send the written order to the Defendant and pay the balance, excluding the down payment and the price for the goods for special use, which was paid within seven days from the date of receipt of the goods (Article 3(3)(e)). The Defendant shall deliver the goods to the domestic place designated by the Plaintiff within three days from the date of receipt of the goods, and the delivery

(4) On July 12, 2016, the Plaintiff and the Defendant conclude an additional contract for the supply of the foregoing goods (hereinafter referred to as “instant contract”) with the following content:

(A) The balance payment date referred to in section 3(3) of the original contract shall be determined as follows:

The plaintiff shall complete the delivery system of goods within seven weeks from the date of receipt of the SBS receipt certificate and the confirmation certificate from the defendant, and the total amount of goods is 113.

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