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(영문) 서울고등법원 2015.07.24 2015나2011579
계약금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 (as referred to in Eul evidence 1), Eul evidence 2-1, 2, Eul evidence 3, and Eul evidence 4:

The plaintiff is a company that runs franchise business, etc. and the defendant is a company that manufactures and distributes food machinery and packaging machinery.

B. On March 25, 2013, the Plaintiff entered into a contract with the Defendant regarding the supply of a tin rice manufacturing device, namely, tin, etc.

(1) The term of the contract of this case is three years from the date of conclusion of the contract, and the term of the contract of this case may be extended one year under the written agreement between both parties, i.e., 40cc./30cc./50cc./100cc./40cc./50cc./ 50cc./ 40cc./ 40cc./ 50cc./ 40cc./ 40cc./ 40cc./ 7cc./ 20cc./ 120cc./ length/ content of 120cc./ 120cc../ 80cc./ length/ content of m. (2) the term of the contract of this case is three years from the date of conclusion of the contract.

3) In principle, the Plaintiff shall pay the product price in cash to the Defendant, and the Defendant shall produce and supply the product after confirming the payment of the product price. 4) The Plaintiff shall pay KRW 2,200,000 to the Defendant as follows, under the terms and conditions of the contract of this case, as the acquisition cost of the total sales authority in Korea and overseas. The amount includes the purchase cost of 300 rice mills, namely, the above amount.

On March 25, 2013, 201, the contents of the contract deposit 350,000,000 won as of March 25, 2013, the intermediate payment of which is KRW 500,000,000 at the same time as the instant contract was concluded on March 25, 2013: The Defendant: (a) paid 300 tin: The Defendant, after the receipt of down payment and intermediate payment, immediately delivered 1,350,00,000 for the remainder of 1,350,000,000 won to the warehouse designated by the Plaintiff and immediately thereafter.

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