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(영문) 서울고등법원 2015.02.26 2014나2007412
제3자이의
Text

1. Revocation of the first instance judgment.

2. The notary public of September 10, 2012 against the non-party E Co., Ltd. is a law firm.

Reasons

.: From February 16, 2012 to February 15, 2013: omitted.

5. The payment guarantee E shall provide the Plaintiff with the return of leased goods, the settlement of the leased goods, and the payment guarantee for indemnity for damaged goods, simultaneously with the conclusion of this contract and 1,00 tons of steel to be invested at the construction site of this case as security.

(A) On March 13, 2012, the Plaintiff entered into a contract for each of the following changes: (a) the terms and conditions of the above sales contract and the above lease contract maintain its effect as they are; (b) the volume of H-type lecture leased from “1,500 tons” to “1,500 tons”; and (c) the volume of H-type lecture leased from “3,00 tons” to “2,50 tons” to “2,50 tons; and (d) the Plaintiff was notarized as to each of the above changes contracts.

【Written Sales Contract of July 27, 2012, the Plaintiff is the buyer; E is the seller; H individual, the representative director of E, is the seller; and the contract is concluded under the following conditions:

1. Contract items: Those with a good condition of not less than 10m for H-type lectures 300*300/ Files (limited to once parts) ;

2. Contract weight: 1,603.452 tons;

3. Details of the contract: The above goods at the site of earth and sand works among the instant construction works shall be sold to the Plaintiff.

4. Contract term: From August 1, 2012 to October 31, 2012;

5. Terms and conditions of sale and payment of proceeds (1) The Plaintiff shall pay to E the amount of KRW 500 million as the price for the goods to the account designated by E after the contract.

(2) The quantity of release shall be verified in the presence of the Plaintiff and E, and the standards therefor shall be based on the length (m) of the H-type lecture taken out, and the basic price shall be 31.83 won/km (10m or more).

(3) Transport costs for removal of materials shall be borne by E.

6. The preservation of goods: E shall deliver to the Plaintiff a tax invoice on the deposit date as security for KRW 500 million deposited by the Plaintiff.

There is a dispute between the parties as to whether the special agreement is included as a part of the sales contract made on July 27, 2012, but it is "judgment".

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