logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2017.01.19 2016가합1203
유체동산인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Serial 1 r.e., type 1 r.s. as listed in the annex Nos. 1.

Reasons

1. Determination on the main claim

A. On March 29, 2016, the lower judgment on the claim for delivery of corporeal movables was 1). The Plaintiff’s determination on March 29, 2016 as follows: (a) each of the corporeal movables listed in the separate sheet to the Defendant

(2) The sales contract to sell the purchase price to KRW 320 million (excluding value-added tax) (hereinafter “instant sales contract”).

(2) The intermediate payment of KRW 100 million is paid after the deduction of 30% of the sales goods of this case, and KRW 100 million is paid after the deduction of 60% of the sales goods of this case. ③ The remainder of KRW 120 million is paid after the deduction of all of the sales goods of this case (However, the remainder of KRW 120 million is deducted from the expenses of removal and removal).

(2) Pursuant to the instant sales contract, the Plaintiff agreed to conclude that the instant corporeal movables listed in the [Attachment 1] No. 1 on March 29, 2016, as indicated in the [Attachment 2] as of March 29, 2016, are as follows: (a) Moers among the container shuts listed in the [Attachment 2], Moers, supporters, supporters, schoolers, and the screen listed in No. 4; (b) 8 sets, 6 set voltages and driving rooms among the container shuts listed in the No. 5; and (c) 8 earth powder

(3) On March 30, 2016, the following day after the delivery of the instant corporeal movables, the Defendant paid 180 million won, which is the remainder after deducting various expenses from the agreed down payment amounting to KRW 100,000,000,000.

④ Since then on March 31, 2016, the Plaintiff urged the Defendant to deliver the remaining corporeal movables to the Defendant. However, on April 4, 2016, the Defendant unilaterally notified the Plaintiff of the rescission of the contract on the grounds that the Plaintiff did not faithfully perform the instant sales contract, and refused to accept the remaining corporeal movables, intermediate payments, and to pay the remainder.

⑤ As such, the Defendant entered into a contract.

arrow