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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. On January 31, 2013, the Plaintiff entered into a sales contract for used machines (hereinafter “instant contract”) that sells a second set of 4 set of presses (150 tons, 160 tons, 200 tons, and 300 tons) to the Defendant, as follows. As a special agreement, the Plaintiff agreed to assume the Defendant’s obligation for double production capital Co., Ltd. (hereinafter “dual capital”) other than the purchase price of KRW 183,00,000 (Additional Rules) as well as the purchase price of KRW 183,00 (Additional Rules).
Article 1 (Contract Goods and Payment Method) 3,300 tons of non-type C Washington 150 tons of non-point C 3,300 183,00,000 lucler 183,00,000 lucler leccccl NCcller 160 tons of 3,500 lucl lucl 1 set of 200 tons of Sclclcl 200 tons of 6,500 lucl lucl lucl lucl lucl ncl lucl ncl, including 1 set 6,500 lucl lucl 1 set of 300 tons of 300 tons of lucl 1 set of 5,000 lucl lucl ncl nicl ncl
1. The delivery date of pump 200 tons shall be February 10, 2013;
2. Two additional elements, including a fire proof plaque, a safety machine, a fluor (2) and a fluco;
3. The remainder of February 3, 2013 of the additional tax (acquisition or transfer of capital funds) from February 2013, the remainder shall be 83,000,000 passbook payments (payment on an average of 10,000 passbook payments made on January 31, 2013, with the amount of non-fixed deposit payment due for the payment of the Gu, including one person other than B B (C) representing E, from January 31, 2013, and 83,000,000 passbook payments made on February 10, 2013;
B. On January 31, 2013, the Defendant paid to the Plaintiff KRW 10,00,000 as down payment, KRW 80,000 as part of the intermediate payment on February 27, 2013, and KRW 25,000,000 as part of the rest payment and the remainder on March 5, 2013, respectively, and paid to the Plaintiff KRW 115,00,000 in total.
C. As the Defendant did not pay the remaining purchase price of KRW 68,00,000 and value-added tax until March 3, 2013, which was set as the remainder of the contract in the instant case, and the Defendant was unable to accept the Defendant’s debt to the two capitals, the Plaintiff and the Defendant on March 8, 2013.