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(영문) 서울남부지방법원 2019.01.10 2017가합2350
계약금 반환 등
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 242,709,410 as well as the full payment from December 30, 2017.

Reasons

1. Basic facts

A. 1) On October 24, 2017, the Plaintiff entered into a sales contract related to the instant machinery (hereinafter “foreign company”) with the UAE company called “C” (hereinafter “C”).

(C) sell the instant machinery to USD 1,250,000 (hereinafter “export contract”).

The main contents of the sales contract are as follows: (a) After completing the Plaintiff’s repair work, the remainder of 10% down payment 90% of the construction machinery transfer certificate (terms of payment) and the third party designated by a foreign company is 100% of the performance of the instant construction machinery. Within 50 days from the date of the contract under Article 6 (Period of Payment), the Plaintiff shall return twice the down payment as compensation for damages to the domestic port. (b) On November 15, 2017, the Plaintiff purchased the instant machinery from the Defendant at USD 1,054,50 (hereinafter “instant contract”) and paid the down payment at USD 105,450 (Korean won as of January 16, 201).

The main contents of the sales contract are as follows:

The defendant shall deliver to the plaintiff the documents necessary for the report on the change of registered matters and the subject matter of sale in return for the balance receipt and repayment of the construction machinery transfer certificate (for the parties' transaction).

Article 8 (Cancellation of Contract) The Plaintiff shall pay the remainder to the Defendant before paying the remainder, and the Defendant shall reimburse the amount of the down payment, and the Plaintiff may waive the down payment and rescind the contract.

Matters of special agreement

1. The down payment of USD 105,450 (No. 15, 2017), the remainder of USD 949,050 (no. 30 days after the contract). 2. The down payment of KRW 50,000,000 in won paid at the time of the deposit of the down payment shall be refunded to the Plaintiff.

3. The balance shall be the terms and conditions of payment after the expiration of the repair period of the receiver of the equipment (30 days) and the terms and conditions of FAS Port acceptance. 4. The defendant shall cooperate to the maximum extent possible for the maintenance period of the plaintiff.

5. VAT shall apply zero-rate tax (if the zero-rate tax is not applicable, the value-added tax shall be borne by the Plaintiff).

The plaintiff in dispute related to maintenance 1.

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