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(영문) 서울중앙지방법원 2021.01.11 2020가단5053046

약정금

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. (1) On May 18, 2018, the Plaintiff supplied the Plaintiff with the instant devices, systems, etc. (hereinafter “instant devices”) and concluded an agency contract with which the Plaintiff conducts business by using them. On the same day, the Plaintiff purchased the instant devices from the Defendant B in the purchase price of KRW 60 million ( separate from value added tax) for the said business (hereinafter “instant sales contract”), and the parts related to the instant sales contract in relation thereto are as follows.

Article 4 (Effect and Scope of Contract) The terms of this contract shall apply from the time of conclusion of the contract to the time of completion of the free warranty period of the goods stated in the “system supply specifications” attached to the “system supply specifications” and shall also have the same effect as this contract.

The payment period under Article 6 shall be within one week from June 20, 2018, and shall be deposited in cash until the last payment period.

(After making a down payment, Defendant B shall pay to the Plaintiff a delay compensation equivalent to 15% of the daily contract amount (including V.A.T) in the event of delay in the payment period under Article 6 (Compensation without delay in the payment period) of Article 8 (Deposit before Delivery of Final Equipment).

Article 10 (Inspection) Within one week after the completion of delivery, the plaintiff shall confirm in accordance with the terms and conditions of inspection agreed in advance between the defendant B and the plaintiff.

Article 17 (Provisions of Special Agreement) Defendant B shall refund to the Plaintiff the amount equivalent to 65% of the total amount of equipment at the time of closure of business within 12 months, through data from the decline in sales or legal basis of the Plaintiff within one year.

2) The Plaintiff remitted KRW 10 million to each Defendant B’s account on May 23, 2018, and KRW 6,237,000, out of the price of the instant sales contract, to each Defendant’s account on June 27, 2018.

B. The Plaintiff and Defendant B agreed to supply the instant devices by leasing them to E Co., Ltd. (hereinafter “E”), and the Plaintiff leased the instant devices from E on July 3, 2018.