logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.11.30 2016가단67199
유체동산인도
Text

1. The Defendant’s KRW 34,00,000 as well as the Plaintiff’s annual rate of KRW 6% from December 13, 2017 to November 30, 2018.

Reasons

Basic Facts

A. The Plaintiff is a person who operates a waste resources collection station under the trade name of “C,” and the Defendant is a company that engages in waste resources processing business, etc.

B. Around February 2015, the Plaintiff and the Defendant sold to the Defendant “300 mast compressed Machinery and its accessory equipment” (hereinafter “instant 1 machinery”) for KRW 40 million. However, the Defendant entered into a contract with the Plaintiff on the transfer of compressed Machinery as indicated in the separate sheet (hereinafter “instant 2”) (hereinafter “instant sales contract”). The main contents are as follows.

Article 2 (Sales Price) Sales Price shall be KRW 40 million in total, and “B” (referring to “Defendant; hereinafter the same shall apply) refers to “A”.

hereinafter the same shall apply.

(1) The payment shall be made in the following manner: ① Payment of the down payment of KRW 100,00 on the date of the conclusion of the contract, and payment of KRW 3.9 million shall be made on February 9, 2015. ② Payment of KRW 26 million shall be made by February 16, 2015. ③ The remainder of KRW 10 million shall be paid after the transfer of the object. ③ The remainder of KRW 10,000 shall be paid after the arrival of the object; and ③ The advanced machines (total weight of KRW 30,000, including engines, and all ancillary facilities for operation of machinery) previously used at the time of transfer and trial of the object A (the total weight of KRW 30,00,000) (hereinafter referred to as the instant machinery).

(B) Transfer to A of the compressed Machinery A (the total amount of the compressed Machinery B used shall be 30 million won.

(i) machinery (this case’s first machinery) above as an object of the indication in Article 3 (Risk Bearing and Compensation for Damages).

A shall be liable for any reason, if the machinery of the above indication has been damaged or lost for any reason until B is transferred.

(1) If a contract is breached, A shall return the down payment and the money already paid to B, shall be paid KRW 30 million as penalty, and the same shall also apply at the time of termination of the contract.

(2) If B waives the down payment and the money already paid at the time of the designation date of B's transfer, and B shall waive it.

arrow