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(영문) 서울고등법원(춘천) 2016.12.07 2016나924
물품대금
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1...

Reasons

Basic Facts

On October 2, 2013, 2013, 25 November 25, 2013, and 19 December 19, 2013, the Plaintiff entered into a contract with a stock company B (hereinafter “B”) on the acquisition of all real estate, such as B’s factory buildings and site, movable property, such as machinery, apparatus, equipment, etc. located in B’s factory and office, and B’s permission and permission (hereinafter collectively “instant transfer and acquisition contract”), and began to pay the acquisition price.

Meanwhile, the Plaintiff’s representative director C was appointed as the representative director of B on October 16, 2013, and resigned on October 30, 2013. On October 30, 2013, the Plaintiff filed a report on the establishment of a branch with the site of B as the factory site of B on October 30, 2013.

On October 10, 2013, the Plaintiff entered into a sales contract for manufacturing number SG-001 and a siren contract with the Defendants to purchase KRW 495,00,000 (including value-added tax; hereinafter “instant sales contract”) from the Defendants for one scraper (name: SG-1500, size: 600H, manufacturing number: SG-001, and manufacturing year: March 18, 2014; hereinafter “instant scraper”) on the same day, the Plaintiff paid KRW 55,00,000 to the Defendants for the intermediate payment, KRW 190,000,000,00 on the same day, including the intermediate payment, KRW 205,00,00,000, on the same day, until 10,000,000,000 on the date of delivery of the down payment, and the Plaintiff paid KRW 10,500,000,000 on the same day (hereinafter referred to as “instant”).

Samsung Card Co., Ltd. (hereinafter “Masung Card”) entered into a rental contract (Evidence A No. 4) on March 20, 2014 with the content of purchasing the instant scrap machine from Defendant Korea Corer Co., Ltd. (hereinafter “Defendant Korea Corer”) to KRW 49,139,520 (including value-added tax). On the same day, the instant scrap machine was deposited KRW 226,81,00, KRW 6,723,200, and the siren period.

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