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(영문) 수원지방법원평택지원 2015.06.10 2014가단46346
계약금반환청구의 소
Text

1. From January 10, 2015 to June 10, 2015, Plaintiff (Counterclaim Defendant) paid KRW 31 million to Defendant (Counterclaim Plaintiff) and against this.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 21, 2012, the Defendant Company submitted to the German Fendt Company a written order for SAPHIR 495SKM Kara (hereinafter “instant Kara”), and received delivery of one of the instant Karabs through the Mu Customs around August 22, 2012.

"SAPHIR 495SKM", a model name of the Carra in this case, is produced by the German Fendtian in around 2012, and there is no other annual formula.

B. However, the instant car group was continuously displayed at the Defendant’s direct store located in Pyeongtaek-si Sari-si Sari-si, under the condition that it did not sell for a long time, and some damage, such as sludge, etc., were inflicted on the external appearance of the vehicle.

C. On April 19, 2014, the Plaintiff visited the above store directly operated by the Defendant Company and confirmed the instant group. On two occasions, the Plaintiff visited the above store and the head office of the Defendant Company to visit the said store and the head office of the Defendant Company, and sought detailed explanations as to the specifications, prices, etc. of 10 vehicles for camping and the instant car group from other employees of the Defendant Company, and concluded a sales contract with the Defendant Company on May 1, 2014 (hereinafter “instant sales contract”).

(1) Model Name: SAPHIR 495SKM (2) options: 45L aluminium wheelchairs, 45L water, otobs, fishing, wire ropes, rash charging, Shacker, Warsaw, gas-type 2 (3): Total amount of KRW 4,2290,000,000 for down payment, intermediate payment of KRW 15 million on May 7, 2014; the remainder payment of KRW 15 million on June 7, 2014; simultaneous performance of payment of KRW 15 million on June 30, 2014; delivery of documents necessary for the registration of transfer of ownership and the transfer of ownership.

(5) The Defendant Company shall notify the Plaintiff of the product of this case, and the Plaintiff is sufficiently aware of the product notified by the Defendant Company, and cannot be held liable to the Defendant Company for the notified portion.

(6) Cancellation money: In a case where no trade is made due to the plaintiff's reasons.

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