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(영문) 부산고등법원 2015.05.21 2014나52384
선수금 반환
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's lawsuit against the defendant 1,35,298,000 won and this.

Reasons

A. A contract for the purchase of vessel engines (hereinafter “each of the instant sales contracts”) was concluded. The contract amount, the ratio of penalty, and the details of penalty for each of the instant sales contracts are as listed below (hereinafter collectively referred to as “instant 1 contract,” “instant 2 contract,” “instant 3 contract,” “instant 4 contract,” and the Plaintiff’s damages provisions under each of the instant sales contracts are as listed in attached Table 1, 2, and 3.

On May 4, 2007, 5.6 p.m. (C101/2/3/40), 6 p.m. 4 (C101/3/40), 8 U.S. dollars 1,259,100 U.S. dollars 1,259,30 U.S. dollars 208/40, 30 U.S. dollars 28/400, 30 U.S. dollars 28/400, 108/208(C107/8/9/107/100) 5,404, 304, 208, 303 U.S. dollars 1,208/40, 208, 208, 203rd 203rd 1,206/208.

B. The Plaintiff paid the Defendant the down payment of KRW 1,139,91,200 ($ 1,224,000 at the time of payment, USD 931.3 won at the time of payment), the intermediate payment of USD 795,171,600 at the time of each payment for USD 204,00 at the time of the instant contract. The Plaintiff paid the Defendant the down payment of USD 1,577,352,00 for the instant contract of KRW 2 at the time of each payment for USD 929.6 won at the time of the instant payment, KRW 929,943.9 won at the time of each payment, KRW 93,93.9 won, KRW 93, KRW 1031.4 won, KRW 197,169,00 for each of the instant contracts x 8) and paid the down payment of KRW 3,512,434,000 for the instant contract.

C. The defendant sold the money to the plaintiff on March 20, 2009.

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