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(영문) 서울중앙지방법원 2020.07.02 2019가단5203784

약정금

Text

1. The defendant shall pay to the plaintiff KRW 79,00,000 as well as 5% per annum from August 13, 2019 to July 2, 2020 and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a corporation engaged in textile, manufacturing wholesale, cosmetics manufacturing and wholesale business, and retail business, and the Defendant is a personal entrepreneur engaged in trade with C and mechanical wholesale business.

B. On September 6, 2017, the Plaintiff entered into a sales contract with the Defendant to sell all of the machinery and equipment, such as ring Scinn, installed in the Plaintiff’s factory located D (hereinafter “instant factory”) to the Defendant at KRW 3,300,000,000, and the down payment of KRW 330,000,000 on the date of the contract, and the remainder amount of KRW 2,970,000,000 on the date of the contract (hereinafter “instant sales contract”) to be paid until January 31, 2018.

The defendant is subject to 9 of the contract of this case (special agreement).

As a result, on January 31, 2018, the remainder payment date agreed not only to pay any balance, but also to complete withdrawal of machinery.

C. The Defendant did not pay the balance by January 31, 2018 agreed.

At the time, the plaintiff was promoting the sale of the factory of this case, and if machinery and equipment were not taken out at the scheduled time in the factory of this case, it was in a position affected by sale and the time.

Accordingly, on July 31, 2018, the Plaintiff and the Defendant agreed to pay to the Plaintiff the balance of the instant sales contract up to August 31, 2018, with the entire machinery taken out to October 31, 2018. If the Plaintiff and the Defendant fails to comply with the agreement, the amount equivalent to KRW 10,000,000 per month from November 1, 2018 to the date of shipment, as the amount equivalent to the rent.

(hereinafter “instant agreement”). D.

On October 31, 2018, the Defendant paid the balance under the instant sales contract and acquired ownership of the entire machinery equipment.

However, the defendant did not remove the machinery equipment and left it to the factory of this case.

On June 27, 2019, the Plaintiff sold the instant factory to E Co., Ltd. and transferred its ownership to the said company.

[Reasons for Recognition] Unsatisfy, Gap 1 to 5 evidence (including a serial number; hereinafter the same shall apply),