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(영문) 대구지방법원 2018.09.21 2017가단6501
선급금반환등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 100,000,000 and Defendant C Co., Ltd. with respect thereto from March 21, 2017.

Reasons

1. Claim against Defendant C (hereinafter “Defendant C”)

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against Defendant B (hereinafter “Defendant B”)

A. Fact 1) On February 3, 2015, the Plaintiff: (a) was engaged in the business of manufacturing automated machines under the name of D on February 3, 2015; and (b) the Plaintiff was engaged in the business of manufacturing automated machines and KRW 165 million (in advance, KRW 60 million, the remainder KRW 15 million, and KRW 15 million).

(2) The Plaintiff, upon the death of the deceased on April 2015, made a contract for the supply of equipment (Evidence A No. 1) to be produced and supplied, and accordingly, paid KRW 60 million to the deceased as advance payment. The Plaintiff notified the deceased’s heir of the termination of the equipment supply contract and requested the return of advance payment. The Defendant’s Dongbook, together with G or the Vice President H of Defendant B, presented the equipment supply contract (Evidence A) with the deceased’s children, and the Plaintiff would make and supply the instant machinery. However, the Plaintiff demanded the issuance of the performance guarantee insurance policy as a pre-contract for the conclusion of the contract.

3) On February 23, 2016 between the Plaintiff and Defendant B, the following contract for the supply of equipment (Evidence A No. 4, hereinafter “instant contract”).

(1) The Defendant C, the deceased’s spouse, guaranteed the manufacture and supply of the equipment by Defendant B. 1. The equipment product: the instant machine (amounting to KRW 165 million).

2. Terms and conditions of payment;

(a) Advance payments: 40 percent (Completion of D Cash Payments, 2015);

(b) Part payments: The plaintiff shall subsidize the cost of purchasing processed external products and parts necessary for the manufacture of equipment.

on February 24, 2016 KRW 40 million

(c) Balance: 10% of the total tax amount of KRW 15 million and 15 million shall be established at the site after cash settlement of the remainder after the completion of the test run and examination before the delivery.

The separate account number of the second part of the intermediate payment in progress: Defendant B Bank J.

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