(영문) 대구지방법원서부지원 2016.02.17 2015가단35137

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원서부지원 2016.02.17 2015가단35137

계약금반환청구 등

Text

1. As to KRW 53,347,80, and KRW 18,084,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 35,263,80 from May 8, 2015.

Reasons

1. Facts of recognition;

A. On March 27, 2015, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of 21.6 million won of the contract amount (the contract amount of 40% shall be paid within 10 days after the contract was concluded, and the balance 60% shall be paid after the completion of the examination) and on May 7, 2015 (part of the advance payment). The contract provides that “When the Defendant unilaterally suspends work without the Plaintiff’s consent or consent signed in writing after the contract, he/she shall compensate the Plaintiff three times of the contract deposit and compensate the total amount of damages incurred therefrom,” and that “if the delivery is completed, 3% of the contract amount per day shall be reduced from the daily contract amount (the schedule is important).”

In addition, on March 30, 2015, the Plaintiff entered into a contract with the Defendant for the production and supply of the processed goods of the 26 million won contract (the 30% contract amount shall be paid within 10 days after the contract was concluded, and the remaining 70% shall be paid after the examination was completed), May 7, 2015, and the same content as the above contract was different from the other contract (hereinafter “each contract of this case”).

B. Pursuant to each of the instant contracts, the Plaintiff paid each of the Defendant KRW 9,504,00,000, and April 4, 2015, respectively, to the Defendant as the down payment.

C. On May 7, 2015, the payment period of each of the instant contracts, the Defendant failed to supply the Plaintiff with the production under the instant contract. On May 18, 2015 and June 9, 2015, the Plaintiff notified the Defendant of the performance of each of the instant contracts, and then notified the Defendant of the performance of each of the said contracts, and then notified the Defendant of the performance of each of the said contracts on June 29, 2015, on the ground of the Defendant’s nonperformance of each of the said contracts.

[Ground of recognition] Unsatisfy, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination

A. According to the fact-finding on the cause of the claim 1, each of the contracts of this case is served on June 2015 by the delivery of a copy of the complaint of this case due to the delay of performance following the discontinuance of work by the defendant.

유사 판례

-서울남부지방법원 2015.06.12 2014가합114702

-창원지방법원 2018.07.05 2016가합54421

-인천지방법원 2018.12.14 2016가단23723

-서울중앙지방법원 2015.04.22 2012가합102259

-대구지방법원 2017.10.20 2015가단122515