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Reasons
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(영문) 수원지방법원 2015.01.13 2013가단225754
계약금반환 등
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Name of basic facts: TTRA-CM900 Mole: 400,000 won (excluding value-added tax): 400,000 won (excluding value-added tax): 30,000,000 won by June 24, 2013: To be paid until July 15, 2013;

1) In the event of the failure to pay the balance, a delay compensation shall be paid on a daily basis, and the payment shall be waived and executed voluntarily if the payment is not made within 60 days. 2) If the Defendant’s failure to pay the down payment, 50% (15,00,000) of the down payment (15,00,000) shall be paid as penalty.

On June 21, 2013, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant previous contract”) with the content that the Plaintiff would be supplied with a non-electric product (hereinafter “instant non-electric product”) as follows.

B. The Plaintiff paid KRW 30,000,000 to the Defendant on June 24, 2013 under the said goods supply contract. However, even after the lapse of July 15, 2013, the Plaintiff failed to pay any balance.

C. Around July 30, 2013, the Plaintiff and the Defendant concluded a new contract for the supply of goods (hereinafter “instant contract”) with the content that the terms of the said contract for the supply of goods should be amended as follows:

Down payment (10%): The remainder of down payment of KRW 30,000,000 by June 24, 2013: 14,000,000 shall be paid until October 14, 2013.

Balance: It shall be paid by July 15, 2013.

1) In the event of the failure to pay any balance, a delay compensation shall be paid 0/1000 per day on a daily basis, and a contract deposit shall be waived and executed voluntarily unless it is paid within 90 days ( October 14, 2013). 2) The Plaintiff shall accept the remainder in the warehouse.

Provided, That at the time of supply due to the circumstances of the defendant, 50% of the down payment (15,000,000 won) shall be paid as penalty.

3. The remainder of down payment of 14,000,000 won shall be paid within 90 days, among 10% of down payment.

However, on or around September 3, 2013, the Plaintiff’s delay compensation stipulated in the instant contract to the Defendant.

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