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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On June 2012, the Plaintiff entered into a sales contract for the instant engine with Defendant B, referred to as “the representative director of the G Co., Ltd. (hereinafter “G”), and entered into an oral contract with G to sell all of the engine engines, power generators, and other accessories owned by the Plaintiff, to KRW 2SET (hereinafter “the instant engine”) in the purchase price of KRW 630 million (excluding value-added tax).
(hereinafter “instant sales contract.” On June 20, 2012, the Plaintiff transferred the instant engine to a warehouse located in Busan, which is a storage place under the instant sales contract.
On July 24, 2012, the Plaintiff and Defendant B drafted a contract for the instant sales contract (Evidence A2; hereinafter “instant sales contract”) and the main contents thereof are as follows.
The supplier of the ship engine sales contract: The contract amount under Article 2 of G (A) : The method and conditions for the payment of the price under Article 3 of the Han 630 million won (excluding value-added tax) at the market price in the warehouse of the supplier: B shall be the condition that A shall pay the first down payment of KRW 30 million at the time of the contract on July 24, 2012, and the remainder shall be immediately paid within the tin month after the contract.
(1) The transfer and acquisition of the right under section 4. The transfer and acquisition of the right shall be made immediately upon receipt of the loan. A shall transfer all the rights under the goods supply contract entered into with B at the same time as the balance payment is made to B or to a person designated by B.
Article 5 Return of Price: If a contract is not concluded due to a cause attributable to A: He/she shall return the full amount of the deposit of the down payment and compensate for losses corresponding thereto within three days from the date of written request of B, and if the contract is not concluded due to a cause attributable to B due to the delay in the balance, he/she shall waive the full amount
Article 9. Special Provisions: (1) All the goods are confirmed in the presence of the parties in the warehouse of the former supplier on the date of the contract.