beta
(영문) 부산고등법원 2020.04.23 2018나56179

매매대금

Text

1. The judgment of the court of first instance is modified as follows.

Defendant (Counterclaim Plaintiff) Company B and Defendant C jointly.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of the basic facts by the court is as follows: (a) the part corresponding to the reasoning of the judgment of the court of first instance (section 2, 19, and 5, up to two pages), 2, 19 of the corresponding part of the judgment of the court of first instance (section 2, 19, and 5, up to two pages), is the same as the corresponding part of the judgment, except where the defendant B Co., Ltd. (hereinafter “Defendant Company”)

2. The parties' assertion

A. Inasmuch as the Plaintiff completed the production and installation of the instant crushing machine under the instant contract, the Defendant Company (1) is jointly and severally liable to pay the Plaintiff the remainder of KRW 723,00,000,000, excluding the remainder of KRW 1,092,000,000 (including value-added tax) that was already paid (i.e., part payments of KRW 118,000,000) and its delay; (ii) the remainder of KRW 1,005,000,000, excluding the remainder of KRW 1,815,000,000,000 from February 21, 2014 to the payment of the remainder; and (iii) the Defendant Company is jointly and severally liable to pay the remainder of KRW 20,50,000,000 to the Plaintiff as a financial interest under Article 2 of the instant contract, including the remainder of KRW 50,500,000,050.

B. Defendants 1) The primary assertion on the principal lawsuit (cancellation of a contract by fraud) was that the Plaintiff supplied used goods to the Defendant Company even though it was the supply of the string string string string string string string string string string string string 2016, which constitutes deception against the Defendants. Accordingly, the Defendants revoked the instant contract by serving a duplicate of the preparatory document as of August 10, 2016. Accordingly, the Defendants are not obliged to pay the Plaintiff the price under the instant contract. 2) The