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1. The defendant shall pay to the plaintiff KRW 74,234,00 as well as 5% per annum from March 9, 2013 to April 3, 2014 and from the next day.
Reasons
(b) the facts of the basis;
A. On July 28, 2008, the Plaintiff acquired the oil pumps owned by the Defendant, instead of paying the above bonds, from July 28, 2008, the fact that the monetary claim against Nonparty B exists.
B. Accordingly, on September 2, 2008, the Plaintiff agreed with the Defendant that the Defendant deliver each of the rights pumps indicated below to the Plaintiff by October 31, 2008, but if the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights of the rights holder
Name, Quantity, 600*1200 5,700 water pumps 450*1200 560 water pumps 400*1200 670 water pumps
C. The Defendant does not deliver to the Plaintiff each of the rights to the claim stated in the purport of the claim (hereinafter “the rights to the destroyed right of the instant case”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings
2. Determination
A. The purport of the Plaintiff’s assertion is that the Defendant did not deliver all of the uniforms to the Plaintiff until October 31, 2008 under the instant agreement. However, the Plaintiff did not deliver the uniforms to the Plaintiff up to now. The Plaintiff’s payment of KRW 74,234,00 as the cost of the destruction of the uniforms to the Plaintiff, and KRW 125,294,250 as the rent from March 1, 201 to September 30, 2013 pursuant to the instant agreement, to September 30, 2013 (= 4,041,750 [5,389, X rent 25,00)] the sum of KRW 31 (from March 1, 2011 to September 30, 2013] X 30, 194,251, 204, 2519, 305, 194, 251, 2015.
B. First of all, concerning the claim for the cost of the destruction of the uniforms of this case, concerning the claim for the cost of the destruction of the uniforms of this case 74,234,00 won
1. The plaintiff, the defendant, and the plaintiff.