logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.02.13 2017가단237000
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts may be acknowledged in full view of Gap evidence 1 through 9, Eul evidence 1-1 to Eul evidence 4 (including evidence with a serial number, if any), Eul witness's partial testimony, and the purport of the whole pleadings as a result of the defendant's examination.

On December 3, 2015, the LAD and the LAE entered into a processing consignment agreement.

The LAB shall collect a closed cable and provide it to the LABE, and the LAB shall be in charge of processing the closed cable received to recycle it.

As above, in order to process waste cables, it shall be purchased as waste cable processing equipment, and the Plaintiff was unable to purchase the waste cable processing equipment, and the Plaintiff was transferred to the contractor. On December 16, 2015, the Plaintiff entered into a contract with the Defendant on December 16, 2015, for the payment period of KRW 135,000,000, the supply amount, when requesting the Defendant to manufacture the waste cable processing equipment (SA-704/706) (SA-70), which is the waste cable processing equipment (S-706). The Plaintiff entered into a contract with the Defendant as an intermediate payment of KRW 60,00,000,000, the remainder of the payment period, and KRW 60,000,000,000,000, by December 30, 2015.

(A) On December 16, 2015, the Plaintiff paid KRW 15,00,000 to the Defendant, a contract date, KRW 25,000,000 on December 30, 2015, and KRW 27,50,000 on January 6, 2016.

(Total Amount of KRW 67,500,000). The Plaintiff intended to receive a loan from a capital company, and the Defendant was also aware of this.

The defendant prepared to move the minator to the factory (the place where the plaintiff was trying to process the waste cable) in the Chungcheong Jincheon in accordance with the payment period.

However, the LAD suffered difficulties in the contract, authorization and permission procedure, etc. for the supply of recycled wastes, and the factory manager prevents the Defendant from installing a mination machine.

Although the Defendant stated that cooperation for installation was made in currency with the Plaintiff’s representative F, F did not resolve this.

Therefore, the defendant has no choice but to say that the factory manager is pulverized.

arrow