(영문) 의정부지방법원고양지원 2016.09.02 2014가합54779

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(영문) 의정부지방법원고양지원 2016.09.02 2014가합54779

계약금반환

Text

1. The Defendant’s KRW 163,459,230 for the Plaintiff and KRW 6% per annum from March 5, 2014 to September 2, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is a national of the Republic of Korea, and the defendant is a company that runs an overseas export business of motor vehicle, whose representative director C was a national of the Republic of Korea, and was naturalization in Korea.

B. A Studying in the Republic of Korea: (a) from February 2013, 2013, the Defendant entered into a trade agreement with C to arrange the export transaction of an automobile and divide the profits therefrom; and (b) thereafter, a number of car export transactions have been arranged.

C. D sent the e-mail address (E) of C on September 20, 2013, the main contents of which are as follows (hereinafter “instant contract”). The content of the contract sent e-mail accompanied by the written contract (hereinafter “instant contract”).

Sales contract;

1. Seller of the contract: The seller of the contract to the contract: The plaintiff (the F Trade Company is the party, and the plaintiff is the representative, but the signature column of the contract is written as the purchaser's representative, and thus the party is deemed the plaintiff) shall be deemed to be the plaintiff]'s party to the contract in terms of the unit price (unified) of product definition in the unit price (unified) of the product at the 237,700 Sl. Sl. Sl. 24, 2014 Sl. Sl. Sl. 914,100 Sl. Pl. 918: 15 Pl. 925,900 Pl. 925,900 Pl. 233,100 Pulc 20: 6 pulc clob: 3rd 1,147,200

2. Goods, quantity, and price;

3.3.1 The defendant orders an automobile, which is a product mentioned above.

3.2 The plaintiff shall pay 337,860 30% of the total amount as down payment.

Since the Plaintiff holds 163,350 existing bonds, a buyer shall pay the remainder of 174,510 in two installments of 116,340 until September 25, 2013 and 58,170 until October 25, 2013.

The total down payment of 337,860 shall be returned to the U.S. dollars immediately when the total purchase price is paid in Korean won.

3.3 The defendant shall notify the plaintiff of the total amount to be paid in Korean won within the maximum of four months.

The defendant shall place an order on the part of the plaintiff.

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