(영문) 서울남부지방법원 2017.09.14 2016가단24684

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(영문) 서울남부지방법원 2017.09.14 2016가단24684

물품대금

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1. The Defendant shall pay KRW 7,245,00 to the Plaintiff the annual rate of KRW 15% from June 29, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) filed a lawsuit against the Plaintiff by the Incheon District Court No. 2012Da43401, the Incheon District Court (hereinafter “NUK 2”) claiming the price of the goods. The Defendant filed a counterclaim claiming restitution and damages after cancelling a contract for the supply of goods due to the defect of the goods.

As a result of the appraisal in the above lawsuit, it was found that there was a defect in 1,113 out of 1,125, among 1,125, which A supplied to the Plaintiff, and the goods supply contract was lawfully rescinded. On November 18, 2014, the first instance court rendered a judgment that “A shall pay KRW 95,634,00 to the Plaintiff at the same time as “A shall refund 1,125 of the instant black boxes from the Plaintiff.”

(b) the withdrawal of an appeal shall be confirmed later).

In this regard, on February 9, 2015, the Plaintiff, the Defendant, and A entered into an agreement with the Defendant to pay the above judgment amount by directly paying the price to the Plaintiff (hereinafter “instant agreement”), and the contents of the instant agreement relating to the instant case are as follows.

2. On December 26, 2014, the Plaintiff provided KRW 14,135,00 for all costs and damages for delay related to the lawsuit in the first instance trial, while the Plaintiff is obligated to pay all costs and damages for delay. However, the Plaintiff is obligated to claim only KRW 14,135,00 among the costs of the lawsuit, and the remainder is waived.

3. A shall pay 105,197,400 won (including surtax) and 14,135,000 won for the above judgment in cooperation with the plaintiff and the defendant by the following means:

The plaintiff shall send a nU K2-vehicle 1,125 Trackbbbbbox, which he/she holds, to A and entrust the processing thereof.

The ownership of the above NU K2 Track Track Track is the plaintiff until the payment is completed, and A process is entrusted.

유사 판례

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-인천지방법원 2015.01.27 2012가합5861

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-서울고등법원 2019.09.25 2016나2026431

-대구지방법원 김천지원 2018.10.30 2017가단34369