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(영문) 대전지방법원서산지원 2017.04.12 2016가단55211

매매대금

Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from December 15, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the purchase price stated in the evidence Nos. 2-1, 2, 5, and 9 as to the purchase price, the Plaintiff sold two construction machinery (Ccheon air and Dcheon air) to the Defendant around September 2014, and completed the registration procedure for transfer of ownership on September 24, 2014 (Dcheon air) and October 6, 2014 (Ccheon air). The Defendant paid KRW 60 million to the Plaintiff on October 22, 2014. According to the above recognition, the Defendant is obligated to pay KRW 60 million to the Plaintiff the purchase price unpaid.

2. In full view of the purport of the argument in Gap evidence Nos. 10 through 14 as to the construction price, the plaintiff had a claim for the construction price of 55,40,000 won with progress payment on January 1, 2016, among the construction works of new F building in Geumcheon-gu Seoul Metropolitan Government, for the construction of the F building located in Geumcheon-gu, for which the plaintiff had a claim for the construction price of 5,000,000 won, among the construction works of the F building in Geumcheon-gu, Geumcheon-gu, Geumcheon-gu. A tax invoice is issued in the defendant's name as to the 333 million won of the construction price of the plaintiff who is to receive from the non-party company upon the issuance of the tax invoice, and the defendant has agreed to pay 3,00,000 won of the remaining construction price after deducting 3,00,000 won of the construction price of the plaintiff who is to receive from the non-party company. According to the above agreement, the defendant is liable to pay the construction price to the plaintiff.

3. If so, the defendant delivers to the plaintiff a copy of the complaint of this case as claimed by the plaintiff (=60 million won for the purchase price).