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(영문) 수원지방법원 2017.08.18 2016가합73432
매매대금반환
Text

1. The Defendant’s KRW 425,00,000 as well as 5% per annum from April 10, 2015 to April 19, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in manufacturing, repairing, etc. of clothes, and the Defendant is the representative director of C (hereinafter “C”) who is engaged in manufacturing, wholesale and retail business, etc. of laundry equipment.

B. 1) The Plaintiff entered into a sales contract on July 7, 2014, each of the items indicated in C and attached Form 1 estimates (hereinafter “instant laundry equipment”).

A) As to the purchase price, a contract was concluded to purchase KRW 541,00,00 (a contract amounting to KRW 324,600,000 until July 7, 2014, KRW 108,200,00, respectively, including the payment by July 7, 2014, the first intermediate payment and the remainder of KRW 108,200,000, as well as the payment by July 2014), the delivery date’s “on-site consultation”, “place of delivery”, “the time when the payment for the transfer of ownership is completed” (hereinafter “instant sales contract”).

(2) From July 7, 2014 to March 9, 2015, the Plaintiff’s total amount of KRW 425,00,000 = KRW 425,000 on a total of 12 occasions under the instant sales contract = July 100,000 on July 7, 2014.

8. The same year of KRW 50,000,000 on 50,000 for the 20.50,000 for the same month.

9. 50,000,000 won for the same year as 20,000 won on November 11, 2011 of the same year;

2.2. 20,000,000 won for the same year as 80,000 won for the 17th day of the same month; and

3. 6.10,000,000 won; and

9. The same year as KRW 5,000,000.

3.13. 5,00,000 won for the same year.

4. 10.5,00,000 won was paid.

C. On December 24, 2015, the Plaintiff notified the cancellation of the instant sales contract, after obtaining approval for the use of the laundry factory that was newly built in D D in Ansan-si from the Ansan-si market (hereinafter “instant laundry factory”), requested the Defendant to supply the instant laund equipment to the said laundry factory by February 20, 2016, and notified the Defendant that the instant sales contract was automatically cancelled if the Plaintiff failed to comply with the request.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 15, 17, 18, Eul evidence 2 (including branch numbers), the purport of the whole pleadings

2. Assertion and determination

(a)a Party;

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