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(영문) 대구지방법원 2014.05.22 2013가합202520
기계인도 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(a) “B” shall enter into a production and supply agreement with each other with respect to the SCEVA (TOPCOA) Systma as follows. The name SCEVA 1600 x 1800h (hereinafter referred to as “SCEVA equipment”):

(D) 20 years to December 15, 2012 - KRW 400,000,000,000 for the contract amount from the 20th day of production to the 20th day of December 15, 2012 - Cash Payment (Contract Deposit: this KRW, intermediate payment, any balance: 00,000) by separate settlement method of value added tax, Articles 1 through 2 (Omission of Contract Period and Payment Method).

1. The term of the contract commences from the date of the contract to December 15, 2012.

2. Down Payment: A shall pay KRW 200,000,000,000,000,000,000 separate from the value-added tax on the date of conclusion of the contract.

3. Part-time payment: “A” shall pay the full value-added tax separate from the total value-added tax on the date of conclusion of the contract, including the total value-added tax:

4. The balance shall be within seven (7) days after the completion of the trial operation (tallying), the balance shall be paid for the balance, which is one per cent of the total amount included, separate from the value-added tax.

* Any balance shall be paid every month from the end of January 2013, in addition to ten million won.

Articles 4 through 6 (Omission of Installation and Delivery of Equipment)

6.The ownership of the equipment shall be owned by “A” after the balance of the cost of the equipment is fully paid.

(hereinafter 4) On December 20, 2012, the Defendant Company completed the delivery of the instant corporeal movables produced under the supply contract of this case by installing them in the emulshion room (F) of Geumsung C&C, the delivery place of which is the Plaintiff’s delivery place.

⑤ In order to secure a loan claim amounting to KRW 387,252,800 against E (the Plaintiff asserted it as the price claim for the goods), the Plaintiff entered into a contract to establish a transfer security right by occupying and amending the method of possession of the instant corporeal movables (hereinafter “instant transfer security right”). Accordingly, the Plaintiff and E as a notary public on January 15, 2013 (hereinafter “instant transfer security right”). However, the notary public on January 15, 2013 (hereinafter “the instant transfer security right”).

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