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(영문) 서울동부지방법원 2018.09.18 2017가단19440

매매대금

Text

1. The Defendant’s KRW 46,500,000 and the Plaintiff’s annual rate of KRW 6% from February 1, 2017 to September 27, 2017.

Reasons

1. Where the purport of the entire pleadings is added to Gap evidence Nos. 1 and 3 (including paper numbers), the plaintiff is mainly engaged in manufacturing and selling agricultural machinery and industrial machinery. The defendant is a business operator engaged in wholesale and retail business of agricultural machinery and construction machinery with the trade name "C," the plaintiff and the defendant around December 2016 (D80, E50, F80, total of 80, 200, 200, 200, 200, 200, 300, 200, 200, 200, 200, 200, 300, 200, 200, 200, 200, 200, 200, 200, 30, 200, 25, 206, 200, 200, 200, 205, 206, 2016, 2000.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 46,50,000 won and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from February 1, 2017 to September 27, 2017, the delivery date of a copy of the complaint in this case, and 15% per annum from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that since the plaintiff cancelled the sales contract of this case, he cannot accept the claim for the purchase price.

According to Eul evidence No. 1 (Notice), even though the plaintiff sent a notice of termination of contract to the defendant on or around April 13, 2017, it is recognized that the plaintiff's claim is made on the ground that the defendant's failure to contact with the plaintiff in paying the purchase price and damages the dignity of the plaintiff, and the plaintiff and the defendant thereafter.