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(영문) 서울중앙지방법원 2016.11.23 2016가합520541
매매대금반환
Text

1. The Defendant’s KRW 104,600,000 as well as 6% per annum from October 25, 2014 to November 23, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

(a) Article 2 of the execution of a sales contract for aircraft;

2. Sales proceeds: 2,500,000,000 won (excluding value-added tax).

3. Terms of payment: The following methods of payment shall be applied:

The remainder of KRW 2,00,000,000 for the installment payment of KRW 100,000 for the installment payment of KRW 200,000 for the first time on March 7, 2014, in the event that there is no serious defect as a result of the serious defect in the part payment of KRW 200,000 for the second time on March 10, 2014, if there is no serious defect, within ten days from the date of notification, after completing the aviation inspection of KRW 2,00,000 for the first time on March 7, 2014.

4. India 1) The Defendant shall provide the Plaintiff with all documents necessary for the procedure for ownership transfer of the subject matter of sale at the same time as the remainder payment is made. 2) The subject matter of sale is delivered at the present storage place after the Defendant bears the maintenance cost and completing the airworthiness inspection, and the subject matter is deemed delivered by the provision of the above ownership transfer document.

5. Failure to perform the payment terms and conditions: A contract shall be automatically cancelled if the payment terms and conditions are not fulfilled, and no existing payment shall be refunded;

In addition, the plaintiff is not liable for all civil and criminal administrative laws related to this, and the plaintiff is liable for all civil and criminal damages incurred to the defendant due to non-performance of payment terms.

Provided, That when the remainder is delayed due to the plaintiff's reasons, it shall be exempted for two months.

On March 7, 2014, the Plaintiff concluded an aircraft sales contract with the Defendant for multi-purpose meteorological aircraft CL-215 (hereinafter “instant aircraft”) to purchase KRW 2,500,000 (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

B. The details of the payment of the purchase price and the date of payment of the establishment of a right to collateral security (unit: unit) on March 7, 2014; KRW 100,000,000 of the intermediate payment on March 10, 2014; KRW 100,000 of the intermediate payment on March 13, 2014; KRW 100,000 of the intermediate payment on March 26, 2014; KRW 200,000 of the intermediate payment on March 26, 2014; KRW 73,00,000 of the engine purchase price on April 10, 200, KRW 1000 of the intermediate payment on April 15, 2014; and the intermediate payment on September 5, 2014 on September 19, 200.

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