(영문) 대전지방법원천안지원 2019.07.10 2018가단111133

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(영문) 대전지방법원천안지원 2019.07.10 2018가단111133

계약금반환청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Conclusion of a contract for the manufacture and supply of equipment: Defendant 1: (i) the description and quantity of the goods under the contract; (ii) the automatic device for the delivery of PININ SERT and SDR; (iii) the details of the components and specifications of the 1SET ; (iv) the estimate (number 2017-083-03) submitted on August 14, 2017 by Party B; (iv) the drawings and specifications provided by Party A; and (v) Article 2 of the automatic delivery device (ARM): the contract amount of KRW 82,00,000 (Additional tax): the delivery date and the delivery period: within 60 days after the conclusion of the contract; and (iv) the payment period of Party A’s Cheongnam-do factory: the payment period of Party A shall be made within 30% of the contract amount and 40% of the contract amount within 7 days after the conclusion of the contract; and (v) the payment of Party A’s Cheongnam-do factory.

If the results of the examination conducted by the Company B in the presence of Sheet A, and the results of the examination conducted by the Company B, the Party A shall pay 32,800,000 won (additional tax separate) equivalent to 40% of the contract amount by intermediate payment to the Party B as an electronic payment method at maturity within 60 days from the date of issuance in cash or by means of electronic payment.

Article 22(1)(2)(2)(1)(2)(1)(1)(2)(1)(1)(20%(20%) of the contract amount shall be paid in cash or by electronic means of payment with maturity within 60 days from the date of issuance in the last day of the month during which the last inspection is conducted by the Party A after installing equipment at the factory of Party A and passing the last inspection.

Article 7:Tallying and delivery B shall be passed after the examination by the tallyman designated by A, and the delivery shall be deemed to have been completed only when the contract goods are delivered to the place designated by A in Korea after obtaining the approval of Party A that there is no error in installation and trial operation.

The plaintiff is a company that manufactures, processes, and sells automobile parts.

The plaintiff puts metal into the gold-type of the spin, and then produces metal parts by inserting liquid plastics into the gold-type framework. The plaintiff is a metal-in.

유사 판례

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-춘천지방법원 2017.12.20 2014나2581

-인천지방법원 2019.04.24 2017가단11284

-수원지방법원안양지원 2015.05.15 2014가단17747

-대전지방법원논산지원 2014.11.06 2014가단126