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(영문) 서울중앙지방법원 2019.04.25 2018가단5234590

약정금

Text

1. The defendant shall pay 85,00,000 won to the plaintiff and 15% per annum from April 1, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On May 22, 2017, the Plaintiff entered into a contract with the Defendant to supply the food manufacturing equipment manufactured by the Defendant in KRW 100,000,000, and paid KRW 85,000,000 out of the above price until March 6, 2018.

B. However, on March 6, 2018, the Plaintiff and the Defendant found any defect in the above equipment, and on which March 6, 2018, “Any defect exists in the equipment supplied by the Defendant, which arises from the Defendant’s cause attributable to the Defendant. Accordingly, the Defendant paid KRW 85,00,000 to the Plaintiff. The Defendant drafted a written agreement (hereinafter “instant agreement”) stating that “The Plaintiff shall return KRW 40,000,000 paid to the Plaintiff by March 31, 2018, recovered the shock machine, return KRW 45,00,000 to the Plaintiff by April 30, 2018, and recover the female painting by returning KRW 45,00,000 to the Defendant’s failure to perform the said agreement, and pay damages for delay by 15% per annum from April 1, 2018 to the full payment.”

However, the defendant did not return the price on each day stipulated in the above agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to return the price of delivered goods to the Plaintiff KRW 85,000,000,000, and the Defendant is also obligated to pay to the Plaintiff the benefit of payment due to the failure to return it on each day specified in the instant agreement. As such, 85,000,000 and the delay damages calculated at the rate of 15% per annum from April 1, 2018 to the date of full payment.

The defendant asserts that there is no particular problem with the facilities supplied by the defendant, but there is no evidence to acknowledge it, and the contents of the above agreement are also contrary to the above agreement.

Therefore, the defendant's argument is without merit.

3. The plaintiff's claim is accepted on the ground of the reasoning.