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(영문) 서울중앙지방법원 2014.08.28 2013가합553984
매매대금반환
Text

1. The defendant shall be the plaintiff.

A. 123,00,000 won at the same time as the delivery of the machines listed in the separate sheet from the Plaintiff;

Reasons

(b) the facts of the basis;

A. On May 6, 2013, the Plaintiff engaged in the sales, distribution, production, export, and import of fibers and related products with the trade name of “C” (hereinafter “instant sales contract”) entered into a sales contract with the Defendant who manufactures the fibers production machinery (hereinafter “E”) in the name of “E” as the introduction of a private individual D to purchase KRW 9,00,000 from the Defendant who manufactures the Textiless production machinery (hereinafter “instant machinery”), and the main contents are as follows:

5. Payment period: May 30. Delivery date.

6. Payment of an advance: 10 million won per unit.

The part payment shall be KRW 10 million per unit and shall be paid on the Do election day during the payment period.

Any balance shall be paid in Korea after confirming that there is no error after the local assembly/marketing of China.

* After all payments, the supplier shall issue a certificate of deposit or receipt to the buyer.

8. In the event of any defect in the good, exchange, repair and cost incurred shall be provided in “E” as a supplier.

9.On-site assembly and market operation of goods shall be carried out in China as an importing country in “E” as a supplier, and shall initiate assembly on-site arrival of goods within a time limit of not less than two days from the date of arrival of the local importer.

12. When a contract is not performed, the Party failing to perform the contract shall reimburse the other party's total amount of loss.

B. The Plaintiff’s name as the purchase price for the instant machinery and the copper plate attached thereto, and the Plaintiff’s name as the purchase price for the instant machinery and the copper plate attached thereto, KRW 17.8 million on May 6, 2013 on the date of the contract, KRW 13.2 million on the 13.1,22 million on the same month, KRW 5.8 million on the 16.5.8 million on the 16.5 million on the same month,

6. 24.35 million won, and the same year.

7. 15.15.15.15 million won was paid in total of KRW 123 million.

C. From June 25, 2013 to June 29, 2013, the Defendant assembled and operated the instant machinery in the Chinese local factory (FF Limited) but did not work normally. Accordingly, the Defendant appears to be an issue of practical contact contact connecting the instant machinery with the plate.

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