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(영문) 광주지방법원 2018.11.30 2017가단530774

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 37,00,000,000 to the Plaintiff (Counterclaim Defendant) and the amount from November 3, 2017 to September 7, 2018.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On November 5, 2014, the Plaintiff, under the name of C Co., Ltd., sold to the Defendant all of the sound equipment (hereinafter “instant equipment”) as indicated in the separate sheet, including 4888,12, etc., including 77,000,000 won (including value added tax) as indicated in the separate sheet, entered into a contract with the Defendant immediately, and entered into a contract with the Defendant as to KRW 10,000,000 out of the purchase price; and the remaining KRW 30,000,000 until November 10, 2014; and confirmed that the ownership of the instant equipment was mutually owned to the Plaintiff until the Defendant paid the purchase price in full due to a special agreement.

(b) the primary contract;

The Defendant paid to the Plaintiff KRW 40,000 as down payment and intermediate payment out of KRW 77,00,000 under the first contract. On June 7, 2015, the Defendant deducted part of the remainder of the instant equipment from the event expenses, etc., and returned the instant equipment to the Plaintiff when the remainder remains at approximately KRW 20,000,000.

C. After August 7, 2015, the Plaintiff remitted 10,000,000 won to the Defendant as a down payment for the repurchase of the instant equipment. Around August 11, 2015, the Plaintiff and the Defendant decided to re-purchase the instant equipment at KRW 82,50,000 (including value-added tax) with the Defendant, and the same month for the remainder of 20,000,000 unpaid under the first contract.

7. The Plaintiff agreed to pay 52,500,000 won, excluding the down payment of KRW 10,000,000, and the ownership of the instant equipment is confirmed to the Defendant, and if the Plaintiff violated the payment date, he shall pay a penalty equivalent to five times the down payment.

(hereinafter referred to as "second contract") d.

The Plaintiff, at around March 7, 2016, had not paid the price of KRW 38,00,000 under the second contract, again transferred the instant equipment to the Defendant for the sale of the instant equipment, and the price of the instant equipment is KRW 75,00,000,000. The Defendant reduced the amount of KRW 2,00,000, out of KRW 37,000,000, and then reduced the amount of KRW 35,00,000.