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(영문) 의정부지방법원 2013.11.27 2011가단32105

매매대금

Text

1. The Defendant’s KRW 48,114,713 as well as its annual 6% from January 18, 2012 to November 27, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of developing and manufacturing heat treatment equipment, and the Defendant is an individual entrepreneur who is operating a neglect building and sales business in the name of “C” in Seocheon-gun B (hereinafter “instant factory”).

B. On February 7, 2010, the Plaintiff entered into a contract (hereinafter “instant supply contract”) with the Defendant to install a heating device for neglect building (hereinafter “instant neglect building”) with the Defendant and to receive KRW 15,000,000 (heating device KRW 60,000,000 for electrical construction) from the Defendant with the proceeds of electrical construction necessary therefor.

C. In addition, on February 8, 2010, the Plaintiff and the Defendant entrusted the Defendant with all rights to the Plaintiff’s right to the sales of heating equipment in Seocheon-gun, and when the Defendant sells the above heating equipment, the Plaintiff paid KRW 5,000,000 to the Defendant for the sales contract of one unit, on condition that the contract period was entered into together with an agreement on business rights to the heating equipment for neglected construction period (hereinafter “instant goodwill agreement”) with the content that is to be paid from February 8, 2010 to February 7, 2011, the Plaintiff agreed to deduct the above sales commission to be paid to the Defendant from the price for negligent construction period that is to be paid from the Defendant under the instant supply contract.

On March 201, the Plaintiff completed the installation of heating equipment and electrical construction necessary therefor in the instant factory, and received KRW 55,000,000 from the Defendant as the electrical construction price.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 60,000,000 for the neglect building of this case and delay damages therefrom, unless there are special circumstances.

3. Judgment on the defendant's defense

A. On the gist of the defendant's defense