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(영문) 인천지방법원 2018.07.13 2017가합57546
공장시설인도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 25, 2016, the Plaintiff entered into a contract with the Defendant to sell the automobile maintenance factory facilities listed in the separate sheet (hereinafter “instant facilities”) for KRW 800,000,000 (hereinafter “instant sales contract”).

Article 2 (Sales Price, etc.) Sales Price and methods of payment thereof shall be determined as follows:

1) The purchase price shall be KRW 800,000,000. 2) The contract deposit shall be determined as KRW 200,000,000. Of them, KRW 100,000,000 shall be replaced by the deposit for the Sejong Deputy Director, and the remainder of KRW 100,000,000 shall be deposited by the Defendant (Buyer; hereafter the same shall apply in this section) into the account of the Plaintiff (seller; hereafter the same shall apply in this section).

3) The intermediate payment of KRW 174,050,00 shall substitute for the payment of intermediate payment with the rental deposit that the Plaintiff received from the sub-lessees sub-contractors. 4) The remainder of KRW 425,950,000 shall be paid immediately after completion of the delivery of the instant facilities and after completion of the settlement process between the sub-contractors and the sub-contractors (the completion of the protocol of compromise for the transfer of machinery and apparatus and the procedure

Article 5 (Sublease to Deputy Director) (1) The defendant shall sublet the third Deputy Director to the representative C of the plaintiff, but the sub-lessee C shall not sub-lease the third Deputy Director without the consent of the sub-contractor C.

Article 7 (Cancellation of Contracts) Where one of the parties neglects to perform the obligations stipulated in the instant sales contract, the other party shall set a grace period and make a peremptory notice, and the other party may immediately rescind the instant sales contract when the other party has neglected to perform such obligations.

Article 8 (Penalty) In the event that a plaintiff cancels the contract of this case pursuant to Article 7 due to the failure to execute the contract of this case by the defendant, the plaintiff shall acquire the security deposit and not return it.

B. On November 30, 2016, the Plaintiff delivered the instant facility to the Defendant, and on December 8, 2016, the contract bond from the Defendant.

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