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(영문) 부산고등법원(창원) 2015.05.14 2014나22256
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 493,224,00 for the Plaintiff and its related expenses from December 29, 2012 to May 2013.

Reasons

1. Facts of recognition;

A. The plaintiff's following B.

On September 19, 2012, there had been discussions between B and the Defendant regarding the sale of Mayman, and on September 2012, 2012, KRW 90,000,000, Sept. 20, 2012, was deposited to the Plaintiff in the name of B, and on October 8, 2012, the remaining KRW 10,000,000 was deposited to the Plaintiff in the name of C.

B. On October 8, 2012, between the Plaintiff and the Defendant, the Plaintiff purchased from farmers and kept two low temperature warehouses (paragraphs 7 and 8), a total of 264,960 km per network (i.e., 13,248 network x 20 km per network x 20 km per network hereinafter “instant marina”) was prepared to sell to the Defendant the purchase price of KRW 927,360,00 (i.e., a unit price of KRW 70,00 per network x 13,248 network x 13,248 network) (hereinafter “the instant marina sales contract”). Other conditions under the instant marina sales contract are as follows.

The defendant shall pay the down payment of 100,000,000 won on the contract date.

The defendant shall pay the intermediate payment and the balance and take over the last day of December 24, 2012, and may pay at least 10% of the purchase price as the intermediate payment until December 24, 2012 and carry over it to the following year in cases where it is impracticable to take over the last day of this case due to unavoidable circumstances. The period is until February 28, 2013.

The defendant shall pay the full amount of the price with the acceptance by December 24, 2012, and notify the plaintiff before the date of shipment of the goods prior to the remainder payment, and then shall deliver the goods after paying the full amount of the price for the goods prior to the shipment date.

The terms and conditions of acceptance shall be taken over by the unit of 20 km without any guidance, and shall be carried over with the approval of the plaintiff when the whole quantity of the present number of the present number is not unavoidable during the above period, and the final period shall be February 28, 2013, and the charges for storage and interest carried over shall be exempted.

The Plaintiff shall bear all expenses, such as storage fees, etc. for the Marin of this case until February 28, 2013.

The defendant on December 24, 2012

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