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(영문) 대구고등법원 2015.09.23 2014나21121
기계인도 청구
Text

1. The part against Defendant B among the judgment of the first instance is revoked.

Defendant B is attached to the Plaintiff.

Reasons

. No. 3, and No. 2 (hereinafter “the second sales contract”)

In addition, the main contents are as follows: D (hereinafter referred to as “A”); and B (hereinafter referred to as “B”) shall enter into a production and supply agreement with each other with respect to “SCEVA (TOP COATING”)”. The product name SCEVA 1600 x 1800h (hereinafter referred to as “SCEVA equipment”).

(i) production period between the 20th day of December, 2012 to the 15th day of December, 2012, KRW 400,000,000 per the contract amount (in the case of contract deposit: KRW 400,000), cash payment (in the case of this billion, intermediate payment, any balance: this cost of contract and payment) separate from the value-added tax, Article 3 (Period of Contract and Method of Payment

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, separate from the value added on the date of conclusion of the contract.

3. Part-time payments: A shall pay a daily amount of money not later than 20 days by the 20th day.

4. Balance: “A” shall pay a daily amount, including value added, within seven (7) days after the completion of a trial operation.

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

On December 15, 2012: D Company E (person): B representative director C (person)

D. On the date of preparing a sales contract ( December 3, 2012), E drafted a notarial deed of a debt repayment contract (No. 20,000,000 won (including additional taxes; hereinafter the same shall apply) with the Defendant Company out of total of KRW 418,00,000 (including additional taxes; hereinafter the same shall apply) until December 31, 2012, and KRW 110,000,000 until January 31, 2013, 2013; KRW 198,00,000,000 for each payment until February 28, 2013, with a view to securing the payment under the first sales contract (No. 2; No. 1719, Dec. 29, 2012; hereinafter the same shall apply).

E. On December 20, 2012, the Defendant Company: (a) installed the instant machinery in the distribution room of Geumsung-gun, Inc., Ltd. located in Gyeongbuk-gun, Gandong-gun, the place of delivery designated by E; and (b) delivered it to E; but (c) did not receive at all the purchase price from E.

(f) E shall be January 7, 2013.

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