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(영문) 서울남부지방법원 2020.11.25 2020가단248050

부당이득금

Text

1. As to the Plaintiff KRW 186,390,00 and its KRW 86,390,00 among them, the Defendant shall pay to the Plaintiff KRW 186,39,000 from April 25, 2020, KRW 100,000.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking into account the purport of the entire argument in the statement of the contract termination and the certificate of evidence Nos. 1 through 5 of restoration Gap, the defendant delivered 2,00,000 won per unit (including value-added tax) to the plaintiff on April 3, 202, in total, in the amount of KRW 500,000 per unit (including value-added tax), and the delivery period from April 8, 2020 to April 24, 2020. If the delivery is not made within the above period, the defendant agreed to pay 10% of the contract deposit to the plaintiff (hereinafter "supply contract of this case") and the plaintiff paid 10,000,000 won to the plaintiff on April 3, 202, the defendant lawfully delivered the plaintiff the contract deposit of KRW 6,805,1361,00 to the plaintiff on April 3, 200, each of the plaintiff's non-performance of the contract of this case can be acknowledged as being delivered to the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff the balance of the contract deposit for the term payment of KRW 86,390,000 (=100,000,000 for contract deposit - 13,610,000 for Mack value supplied) and delay damages.

B. As seen earlier, the Defendant agreed to pay 10% of the down payment (the “contract payment” refers to KRW 1,00,000,000, which is the total amount of the goods price under the instant supply contract, in light of the meaning of the words, the presumption intention of the parties, trade practice, etc.) to the Plaintiff where the Defendant fails to supply the KF 5,00,000 head by April 24, 2020, which is the period stipulated in the instant supply contract. Therefore, it is reasonable to deem the above agreement as the scheduled amount of damages. Thus, the Defendant, barring any special circumstance, shall be deemed as the Plaintiff’s damages amounting to KRW 100,00,000 and its amount.