(영문) 대구지방법원김천지원 2016.06.24 2014가합1778

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(영문) 대구지방법원김천지원 2016.06.24 2014가합1778

매매대금

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1. The defendant shall be the plaintiff.

(a) deliver movable property listed in Appendix 1 Schedule;

(b) for movables listed in the Appendix 1 list.

Reasons

1. Part of the claim for return of the first machinery of this case

A. Facts of recognition 1) The Plaintiff related to the parties is a closed vinyl or a waste vinyl (PE Farming Film also is a waste vinyl.

The sum of waste plastic bags and waste vinyls shall be referred to as "waste bags, etc."

(2) Around October 2013, the Defendant jointly produced the instant lease agreement between the Plaintiff and C, which is a company engaged in collecting, recycling, etc., and the Defendant is a company engaged in the business of washing and manufacturing washing machines. From around 2013, the Defendant concluded a contract for washing the horse, etc. with the Plaintiff and maintained the transaction relationship of washing the horse, etc. to receive the waste horse, etc. from the Plaintiff. (2) Around October 2013, the Defendant and C made a joint production of the instant first-stage automatic reproduction voltage machine (hereinafter “the instant first-stage machine”). The Defendant purchased the share of C in the said machine and paid the Defendant the settlement amount by raising funds from the financial institution.

② On October 25, 2013, the Defendant entered into a lease agreement with a enff Capital Co., Ltd. (hereinafter “ enff Capital”) with the instant primary machine as object of lease (hereinafter “instant lease agreement”).

On October 30, 2013, filial Capital entered into an order contract with D (C) on the said machinery, and on the same day, the said machinery was installed in the Defendant factory and was in operation of test.

③ Efficien Capital calculated the acquisition cost of the instant primary machine as KRW 350,000,000, and paid the remainder of KRW 245,000,000, excluding the contract deposit, to D, and acquired ownership of the said machine.

3) Around October 2013, the Plaintiff entered into a contract with the Defendant to be supplied with the instant primary machinery (hereinafter “instant supply contract”).

A) The supply contract of this case is 450,700,000 won in total (value added tax is set aside, and down payment is 45,070.

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