logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2016.02.17 2015가단20431
계약금반환
Text

1. The Defendant’s KRW 5,146,00 and the Plaintiff’s KRW 20% per annum from March 3, 2015 to September 30, 2015.

Reasons

1. Fact-finding;

A. On October 15, 2013, the Defendant entered into a contract with the Plaintiff to operate a golf car used at each golf course under the operation of the Plaintiff on a condition that it does not interfere with the operation of the said golf course (hereinafter referred to as “the primary contract”). Upon the Plaintiff’s request for exchange from the Plaintiff due to bad condition of the supply of the distribution, the Defendant agreed to immediately replace the cost of new restoration with the cost of new restoration (Article 8) . (1) : From November 1, 2013 to October 31, 2015: The amount of golf car to be managed: 72 : 51,840,000 (value-added tax): 10% of the total amount on the day when the contract is concluded, 30% of the total amount to be paid on the day when the contract is concluded, 10% of the total amount to be paid, 30% of the total amount to be paid on the day when the contract is concluded.

B. Under the first contract, the Plaintiff paid the Defendant the down payment of KRW 11,396,00 (including value-added tax) and KRW 13,640,00 (including value-added tax), total of KRW 25,036,00 (including value-added tax).

C. The Defendant, according to the primary contract, had a problem, such as suspending certain golfcar operations, even though it had been engaged in golfcar recycling and restoration works.

Accordingly, on February 17, 2014, the Plaintiff and the Defendant concluded the following contracts with the content that they would purchase part of the golf car distribution as a new product (hereinafter referred to as the "second contract") by amending the first contract. (1) The Defendant also consented to the fact that there is a problem in the Defendant's performance of the contract due to the continuous problem in the Plaintiff's golf car distribution.

② Accordingly, the Plaintiff.

arrow