손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: “Determination on the cause of claim 3.” (Articles 5, 12, 16, and 16, of the judgment of the court of first instance) among the grounds of the judgment of the court of first instance (Articles 5, 12, and 6, of the judgment of the court of first instance). In addition to adding the judgment on the assertion added in the court of first instance as stated below 3, it is identical to the reasoning of the judgment of the court of first instance
2. Parts to be corrected;
(a) The buyer's liability for the payment of price has been delayed due to the delivery of the object of sale and the sale of specific objects related to compensation for damages equivalent to interest on the price;
Even if the object is delivered to the buyer, the buyer does not need to pay the interest of the purchase price until the object is delivered (see Article 587 of the Civil Act). Thus, unless the object is delivered, the seller cannot claim damages of the amount equivalent to the interest of the purchase price on the grounds of delay in performing the buyer’s obligation
I would like to say.
(see Supreme Court Decision 80Da211 delivered on May 26, 1981). In other words, Article 587(2) of the Civil Act provides that "the buyer shall pay the interest on the price from the date of delivery of the object." This provision provides that the buyer who has the right to receive the fruits shall pay the interest on the unpaid price on the premise that the buyer acquires the right to receive the fruits in the case of delivery of the object. Thus, the opposite interpretation of the above provision is reasonable to interpret that the seller shall pay the negligence on the object of the sale from the date of receipt of the price. Accordingly, if the buyer pays the purchase price in full even before delivery of the object of the sale, the right to receive the fruits shall be deemed to belong to the buyer.
(see, e.g., Supreme Court Decision 93Da28928, Nov. 9, 1993). Ultimately, Article 587 of the Civil Act is applicable.