beta
(영문) 창원지방법원 2017.07.13 2016가단113521

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells waste water sources pumps under the trade name called “Farin” in the building of the building of the Yandong-gu in Ansan-si. The Defendant is a company that manufactures and sells waste water sources pumps.

B. On August 5, 2013, the Plaintiff entered into a sales contract and drafted a notarial deed. 1) On August 5, 2013, the pumps (G; hereinafter “instant pumps”) manufactured and sold by the Defendant with the Defendant.

A) The sales price was determined as KRW 40,000,000 (hereinafter “instant sales contract”).

(4) The buyer agrees to prepare a notarial deed as to the payment of the price of the machinery (after the lapse of the period of examination operation) against the Defendant, as follows: < Amended by Presidential Decree No. 20010, Oct. 25, 2013; Presidential Decree No. 20100, Oct. 25, 2013; Presidential Decree No. 22190, Oct. 25, 2013; Presidential Decree No. 221948, Oct. 25, 2013; Presidential Decree No. 22190, Oct. 25, 2013; Presidential Decree No. 221347, Oct. 23, 2013; Presidential Decree No. 22190, Oct. 1, 2013>

On October 25, 2013, Article 1 (Plaintiffs of this case) recognized that the obligor (Defendants of this case) was liable to pay KRW 54,000,000 from the Defendant to the obligee (Defendants of this case) on July 26, 2013, and offered to the obligee to pay the remainder of KRW 54,00,000 in accordance with the following provisions:

Article 2 (Period and Method of Payment) The Defendant, on December 31, 2013, set up the instant set-off pumps at the instant bath on August 14, 2013, and the Plaintiff operated the said set-off pumps after operating it. C. The Plaintiff and the Defendant delayed the payment of the purchase-price (i.e., payment of the purchase-price) and repaid KRW 48,00,000 for the instant purchase-price on September 12, 2014.