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(영문) 광주지방법원 2020.10.30 2020가단535939

매매대금

Text

1. The Defendant’s KRW 190,630,000 and the Plaintiff’s annual rate of KRW 6% from May 31, 2019 to August 20, 2019.

Reasons

1. In fact, the Plaintiff is a person who runs the business of removing straw machines with the trade name of “C”, and the Defendant is a corporation that runs the business of selling scrap iron and non-ferrouss.

On November 12, 2018, the Plaintiff signed a sales contract (No. 3, 201, hereinafter “instant contract”) with the content that the Plaintiff sells the equipment used in the D Jeonju Factory to the Defendant. The instant contract contains the following contents, and the seal is affixed to the Defendant’s trade name in the column of the buyer, but the seal is affixed to the Defendant’s name, rather than the Defendant’s corporate seal impression.

Article 3 (Sale Price and Payment)

1. The purchase price is KRW 1.881 billion (=value added tax of KRW 1.71 billion in the purchase price).

2. A down payment of KRW 450 million shall be paid immediately before November 28, 2018, for the remainder KRW 1.4333 billion, immediately after the contract is concluded.

3. Where a purchaser fails to pay the price by the due date for the remainder payment under paragraph (2), 13% per annum for the amount to be paid from the date of arrears to the due date shall be paid to the seller;

(b) Article 4 (Transfer of Sold Assets)

1. The purchaser shall complete removal and transfer of all the sold assets by January 31, 2019;

3. ( Strategy) If the buyer has not removed the goods after the lapse of the time limit for removal under paragraph (1), the buyer shall pay 600,000 won per day from the expiration date to the completion date of the removal to the seller with compensation for delay

From November 9, 2018 to April 18, 2019, the Defendant paid the Plaintiff a total of KRW 1.7 billion on seven occasions during the period from November 9, 2018 to April 18, 201, and the said sales facilities were removed and removed on June 17, 2019.

On April 26, 2019, the Defendant’s name written a letter of non-payment (No. 6, hereinafter “each of the instant forms”) under the name of the Defendant. The author’s column for the author of each of the instant forms of contracts included the number of seals in the name of the Defendant identical to that of the inter-party in the instant form of contracts on the side of the Defendant.

1. The debtor shall be a creditor as follows: