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(영문) 서울동부지방법원 2017.01.17 2015가단28587

대여금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is entitled to KRW 50,014,794 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition (based on recognition: Fact that there is no dispute, Gap evidence 1, entry of evidence Nos. 1, 3, 4, and 5, witness B and C, and purport of the whole pleadings);

A. The Plaintiff is a stock company with the purpose of producing, exporting, and importing video works, and the Defendant is a personal business operator who sells machinery with the trade name “D”.

B. On January 7, 2011, the Plaintiff: (a) determined the due date for repayment of KRW 30 million to the Defendant as 10% per annum on February 6, 2011; and (b) lent the loan to the Defendant at 10% per annum.

(hereinafter “instant loan”). C.

On December 27, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant for the purchase price of KRW 80,000,000 (value-added Tax Separate), which was paid at the time of the contract, the balance of KRW 40,000,000,000,000 for the instant printing machine installed in the Plaintiff’s factory, and delivered the printing machine to the Plaintiff’s factory, and the value-added tax was paid at KRW 10,000,000 each month after the commencement of the trial, and the Plaintiff purchased the instant printing machine at KRW 8,00,000 at the same time as the issuance of the tax invoice (hereinafter “instant sales contract”). The specific details are as follows.

- The Defendant shall set up and deliver the instant printing machine to the Plaintiff at the Plaintiff’s factory simultaneously with the down payment of the printing machine.

- The Defendant is responsible and supported for the completion of trial operation after installing the printing machine in the Plaintiff’s factory, and supplies parts and software necessary for driving operation without compensation. If the Plaintiff’s failure of inspection falls within the problem of related parts and software, the Plaintiff may return the printing machine without conditions.

- The Defendant is obliged to guarantee the quality and performance of the instant printing machine for a period of two months and to provide A/S free of charge.

- The period during which the printing machine of this case has not been operated or its performance has been significantly deteriorated despite the defendant's repair for free A/S period.