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(영문) 대구지방법원 2020.11.13 2019가단112608
매매대금반환
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant C is a representative in the name of “D”, who is a machinery manufacturer.

Defendant B borrowed the name of Defendant C, who is a birth, and actually operates the same D.

B. On March 3, 2017, Defendant B entered into a contract for manufacturing and delivery of machinery (hereinafter “instant contract”) with the Plaintiff under the name of “D Representative C” (hereinafter “instant contract”).

The contract of this case and the "one brief for each automatic loading machine" attached thereto are as shown in attached Forms 1 and 2.

The name of a contract: The contract date for the one-time automatic loading machine: The contract date of KRW 100 million (excluding value-added tax): March 3, 2017; the date of commencement: March 3, 2017; the date of delivery: June 30, 2017; and the general terms of contract under Article 1.

1. Eul (D Representative C) shall contract the manufacture, and Gap (Plaintiff) shall pay the contract price for the following results.

2.B shall, based on the contract, design plans, specifications and site descriptions, make and supply them in good faith to Party A.

Article 2. Contracting Area

1. B shall be supplied after manufacture of the whole developed machinery of Party A is completed;

2. Eul shall provide A with quality assurance which can be normalized at any time after the manufacture of machinery for one year.

Article 3 Payment and Settlement Method - Payment in Payment and Payment Method - Payment in Fee:0 million won, (excluding value-added tax): Payment in Contract (excluding Value-Added Tax) - Payment in Price : Payment in Price - Payment in Price - Balance in Price - Payment in Price - Payment in Price 0,000,000 won, and Payment in Price / Payment after Delivery/On-the-job Operation

1.The effects of this Agreement shall enter into force on the date of signature.

2.Amendments to this Agreement may be made by written agreement between the Parties.

3. If a contract is not complied with, B shall be fully compensated for and legally liable to A.

C. Under the instant contract, the Plaintiff paid Defendant B KRW 22,00,000,00 on March 6, 2017; KRW 20,000,000 on April 25, 2017; KRW 22,00,000 on September 28, 2017; KRW 11,00,000 on October 19, 2017; and KRW 15,000,00 on December 5, 2018; and KRW 92,00,00,000 on total.

On December 5, 2018

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