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(영문) 대구지방법원 2019.04.04 2018나312815
기계대금 청구의 소
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

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

Reasons

1. Basic facts

A. On October 13, 2016, the Defendant (formerly changed: D) purchased heavy machinery, shower, roasting, roasting, and roasting facilities from C in the amount of KRW 360 million.

(hereinafter “instant sales contract”). B.

On January 25, 2017, the Defendant paid KRW 33 million out of the purchase price of this case to the Plaintiff’s account.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that it was owned by the Plaintiff, which is a part of the subject matter of the instant sales contract, and C sells it to the Defendant en bloc at the Plaintiff’s request.

After that, around October 13, 2016, C requested that the Plaintiff pay 52 million won out of the instant purchase price (excluding value-added tax; hereinafter the same shall apply), but the Defendant paid only KRW 30 million out of the purchase price.

The above request is for a third party to pay KRW 52 million to the Plaintiff out of the purchase price of this case, or is for a third party to pay KRW 52 million to the Plaintiff, or for the transfer of KRW 52 million out of the purchase price bonds of this case to the Plaintiff. Since the Defendant consented to this, the Defendant is obligated to pay the remainder of the purchase price of this case, value-added tax, and delay damages.

B. In light of the following circumstances, the Defendant and C prepared a certificate that the payment of the instant purchase price was completed as of July 20, 2017, and C filed a lawsuit against the Defendant at the Daegu District Court (Seoul District Court 2018Da131671 case) without deducting the purchase price equivalent to KRW 52 million from the total purchase price as alleged by the Plaintiff, and in light of the fact that C filed a lawsuit against the Defendant at the Daegu District Court (Seoul District Court 2018Gadan131671 case), the aforementioned facts or evidence Nos. 1 and 3, and the first instance court.

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