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(영문) 서울남부지방법원 2017.11.28 2017가단13209

양수금

Text

1. The Defendant’s KRW 149,50,000 for the Plaintiff and KRW 6% per annum from October 21, 2016 to May 22, 2017, and the Plaintiff.

Reasons

1. Facts of recognition;

A. Geum River Co., Ltd. entered into a contract with the Defendant to install one set of 260/200 short voltages (hereinafter “instant machinery”) and installed the instant machinery on April 13, 2016.

On August 1, 2016, after using the instant machinery for more than three months after the said installation, the Defendant prepared and issued a written confirmation of completion of installation (Evidence A5) to the Geum River Co., Ltd. to the effect that “it is confirmed that the instant machinery was installed in accordance with the terms and conditions of the contract.”

The defendant paid 230,00,000 won out of 379,50,000 won, and did not pay the remainder of 149,50,000 won.

B. On September 30, 2016, the Geum River Co., Ltd. transferred the said obligation to the Plaintiff to the Defendant, and notified the Defendant of the assignment of the said obligation by content-certified mail on October 20 of the same year.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 6, 8, 9, and 10, Eul's testimony, and the purport of the whole pleadings

2. According to the facts stated in Paragraph 1, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 149,500,000, and the damages for delay calculated at the rate of 6% per annum prescribed in the Commercial Act from October 21, 2016 to May 22, 2017 (the day on which the complaint of this case was served to the Defendant) and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

In regard to this, the Defendant guaranteed the production of 7 tons of wastewater and recycled products based on 8 hours a day on which the Geum River Co., Ltd. guaranteed the production of 7 tons of wastewater and recycled products. The Defendant demanded the repair of defects due to the fact that the actual production of the instant machinery was in excess of 1 ton, but the Geum River Co., Ltd. did not repair the defects, and thus, the Defendant is obliged to pay 133,000,000 won of the unpaid installation cost at the same time as the repair of the defects of the instant machinery.

However, each description of evidence Nos. 2 and 3 is alone a corporation.