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(영문) 창원지방법원 2018.07.05 2016가합54421
계약해제에 기한 원상회복
Text

1. The defendant shall be the plaintiff.

(a) for KRW 354,750,000 and for KRW 110,00,00 among them, from October 17, 2014; and for KRW 79,750;

Reasons

1. Basic facts

A. On October 1, 2014, the Plaintiff, an agricultural company, contracted to D Co., Ltd. the production of one set of one set of the total incineration period for livestock waste (excluding value-added tax) at KRW 245,00,000 (excluding value-added tax) and January 31, 2015.

(Then, the delivery deadline was extended on February 16, 2015). (B)

On March 6, 2015, the Defendant, a company engaged in incineration and mechanical manufacturing business, acquired the status under the above contract from D Co., Ltd., and the Plaintiff consented thereto, and on the same day, the Plaintiff newly designated the Defendant as of June 30, 2015, with the production price of one set of KRW 269,50,000 (including value-added tax) for the total incineration of livestock wastes and the delivery period.

(A) No. 6-3, hereinafter referred to as “instant contract”). The main contents of the said contract are as follows:

Article 7 (Payment Method of Price): 110,000,000 won (including value-added tax; hereinafter the same shall apply): The first intermediate payment of KRW 79,750,000: The second intermediate payment of KRW 33,000,000 when the external appearance of the incineration machine is completed at the time of the completion of the incineration: The remainder of KRW 46,750,000 after the arrival and inspection of the incineration machine: Article 10 (Cancellation of Contracts)

1. Where the contents of goods are different from a contract;

2. Where both parties recognize that payment has not been made in full within the payment period and time has elapsed for a long period.

3. When the defendant violated the principal contract;

4. The payment that the Plaintiff paid to the Defendant in relation to the down payment, intermediate payment and contract that was paid to the Defendant when the contract was reversed on the ground of the Plaintiff during the process of the present proposal is reverted

C. On July 31, 2015, the Plaintiff entered into a modified contract with the Defendant to increase the amount of KRW 165,000,000 to KRW 434,50,000 (including value-added tax) and to extend the delivery period to November 30, 2015.

(A) No. 9-2, hereinafter “instant amendment contract”). The main contents of the said amendment contract are as follows:

General Conditions Article 16 [Payments for Installation (Additional Payments)] Additional Contract Deposit 82,500,000 (including value-added tax; hereinafter the same shall apply): Additional intermediate payments within 10 days after the conclusion of the modified contract.

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