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(영문) 인천지방법원 2019.04.03 2017가단249362
계약금반환청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,260,000 to the Plaintiff (Counterclaim Defendant) and its payment from November 10, 2017 to April 3, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is obliged to give lectures related to art at C University, and the Defendant is engaged in the e-art manufacturing business with the trade name “D”.

B. On March 16, 2017, the Plaintiff entered into a contract for manufacturing and installing the instant art works under the name of “G” (hereinafter referred to as “instant art works”) at F during the contract period of KRW 783,20,000, and the contract period from March 16, 2017 to November 30, 2017.

C. The instant art works sets up a 3D three-dimensional model at a different speed by putting 1,00 LEdraws in the form of Hangul’s self-consing and hairing in the astronomical book, respectively, and by adjusting the lower level. The art works consisting of a cD unit, LED unit, cable, pool, blick, and so on. On May 11, 2017, the Plaintiff concluded a subcontract for the manufacture of art works with the Defendant, which is a part that controls the mechanical devices of the instant art works and enables the normal operation of the art works (hereinafter referred to as “instant blrawls”) by setting the contract amount of KRW 91,30,000,00 (including value-added tax).

(hereinafter “instant contract”). Around that time, the Plaintiff paid 18,260,000 won as down payment to the Defendant, and the details of the instant contract are as follows.

Article 4 (Scope of Business Activities of Development, Manufacture, Installation, and Viewing of Mobbbls)

1. The contents and scope of tasks related to the development, installation, and programming of the master trawer, the contract amount according to the scope of business, input personnel, the time and place of delivery, the method and time of inspection, the implementation of the terms and conditions of entrustment, etc. under the contract with Gap shall be as follows:

(1) Article 5 (Payment of Price) of the setting work for the operation of the cryp of the cryp of the art of this case

1. A, in return for the implementation of this Agreement, shall be as follows:

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