beta
(영문) 서울고등법원(춘천) 2016.11.09 2016나849

기타(금전)

Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd. and Defendant B’s appeal and trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Where there is no dispute between the parties to the claim related to the first contract or comprehensively taking account of the overall purport of the arguments in the statement in the evidence Nos. 1 through 3, the fact that the Plaintiff entered into a contract with the Defendant A to be produced and supplied with the Stewardship Day (hereinafter “first contract”) on June 9, 2015, and paid the down payment of KRW 16.5 million (including value-added tax) on June 10, 2015 to the Defendant A, and the Defendant A did not produce and supply the down payment of KRW 27.5 million until the due date (85 days from the date of deposit). As such, the Plaintiff notified the rescission of the contract on November 9, 2015.

According to the above facts of recognition, the first contract was lawfully rescinded upon the plaintiff's notice of cancellation on November 9, 2015.

As such, Defendant A is obligated to pay legal interest or delay damages calculated at the rate of 15 million won per annum as prescribed by the Commercial Act from June 10, 2015 to April 5, 2016, the delivery date of a copy of the complaint of this case from June 10, 2015, which is the delivery date of the copy of the complaint of this case, and 6% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Request related to a second contract;

A. On July 30, 2015, the Plaintiff entered into a contract with Defendant A under which the term “a gold-type 2 set” is to be produced and supplied (hereinafter “instant contract”).

(3) On July 30, 2015, Defendant A, an in-house director, guaranteed the obligations under the above contract. The main contents of the contract are as follows. The supply price and payment method under Article 2 of the 2-year-type gold (large-type, small-type) for the goods supplied under Article 1: 310,000 won (excluding value-added tax): 24,000 won (excluding value-added tax): 124,000,000 won (excluding value-added tax), and the intermediate payment (30%) payment (excluding value-added tax): 93,000,000 won (excluding value-added tax) and payment (30%) on September 13, 2015. < Amended by Act No. 13173, Oct. 30, 2015>