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(영문) 전주지방법원남원지원 2020.01.08 2019가단1139

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 64.5 million with 12% per annum from September 12, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 27, 2015, the Plaintiff entered into a sales contract with the Defendant to sell the brick equipment in KRW 150 million (hereinafter “instant sales contract”) and delivered the said brick equipment to the Defendant around that time.

B. The Defendant paid to the Plaintiff a total of KRW 95,500,000 as the purchase price under the instant sales contract.

C. The Plaintiff urged the Defendant to pay the remainder of the purchase price of KRW 54,500,000 to the Defendant, and the Defendant agreed to pay the remainder of the purchase price of KRW 10,000 to the Plaintiff as compensation for losses.

(hereinafter referred to as “instant agreement”) / [Grounds for recognition] The main text of Article 150(3) and main text of Article 150(1) of the Civil Procedure Act

2. According to the above facts of recognition, the Defendant shall pay the remainder of the sales price and the compensation for losses to the Plaintiff in accordance with the instant sales contract and agreement.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the purchase price under the instant sales contract (i.e., KRW 150 million-95 million) and the total of KRW 10 million for compensating for losses under the instant contract (i.e., KRW 54.5 million) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the date of service of the complaint, from September 12, 2019 to the day of full payment, as sought by the Plaintiff.

3. The plaintiff's claim for conclusion is justified and accepted.