beta
(영문) 의정부지방법원 2018.12.05 2018나203037

매매대금

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the following part ordering payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who manufactures and sells a wholesale book, and the Defendant is a company that manufactures and sells transportation machinery and sells wholesale and retail business.

B. On June 7, 2016, the Plaintiff entered into a contract with the Defendant for the supply of goods to the supply price of KRW 30,000,000 for books and prevention facilities (excluding value-added tax).

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

II.(Payments and transfer of ownership) including 3 million won in the form of a plan for prevention of harm and danger

1. Payment of down payment KRW 10,000,000 on June 7, 2016

2. Payment of an intermediate payment of KRW 10,000,000 on June 20, 2016 by one day before the installation of the main body and equipment with seals;

3. Any balance of KRW 10,000,000 is installed to be operated in cash on July 10, 2016, or the Plaintiff shall complete the supply of contractual products from June 7, 2016 to June 20, 2016 when the authorization and permission is completed on the trial date.

Provided, That where the payment of the price is delayed by the defendant, the delivery may be postponed.

Article 7 (Cancellation and Termination of Contracts) (1) The plaintiff or the defendant party may cancel or terminate the contract in any of the following cases:

1. When the delivery (production or installation) of the Plaintiff's contract products is considerably delayed without justifiable grounds;

C. The Defendant paid down payment and intermediate payment to the Plaintiff according to the instant contract.

On July 2016, the Plaintiff installed books and prevention facilities at the Defendant’s workplace in accordance with the instant contract, and reported the installation of air emission facilities around July 20, 2016.

E. During the trial of the first instance, the Defendant paid KRW 3,300,000 to the Plaintiff out of the remainder unpaid as the cost of preparing the harm and danger prevention plan.

F. The laws and regulations relevant to the instant case are as listed in the relevant laws and regulations in attached Form.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff’s account books and records according to the instant contract around July 2016.