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(영문) 울산지방법원 2014.08.13 2013가합7048

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 90,000,000 and the interest rate of KRW 20% per annum from May 10, 2014 to the day of complete payment.

Reasons

1. Indication of claim;

A. On July 12, 201, the Plaintiff concluded a sales contract with the Defendant to sell to the Defendant the scrap metal business place located in Ulsan-gu, Ulsan-gu, Seoul-gu, for KRW 120,000,000, and the down payment of KRW 30,000,000, out of the purchase price, was concluded on July 22, 2011; the first intermediate payment of KRW 45,000,000 on August 15, 201; and the second intermediate payment of KRW 45,00,000 on November 15, 201.

B. Since then, the Plaintiff transferred the said scrap metal business place to the Defendant pursuant to the above sales contract, the Defendant paid only KRW 30,000,000 to the Plaintiff, and thereafter, did not pay KRW 90,000 for the remainder of the sales price.

C. Therefore, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 90,000,000 and damages for delay at the rate of KRW 20% per annum from the day following the delivery date of the instant complaint to the day of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;