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(영문) 수원지방법원 2015.09.10 2014가단1672
기계매매대금
Text

1. The Defendant’s KRW 67,930,00 for the Plaintiff and 6% per annum from January 15, 2014 to September 10, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is the principal business of manufacturing and repairing machinery producing electric wires with the trade name of “C”, and the Defendant is the main business of manufacturing electric wires with the trade name of “D.”

B. On March 3, 2011, the Plaintiff concluded a sales contract for manufacturing machinery orders (Evidence No. 1-2, hereinafter “instant mechanical supply contract”) with the Defendant to install the instant machinery in the Defendant’s factory (SIE).

C. At the time of the instant mechanical supply contract, the total amount of the mechanical payments shall be KRW 122 million (excluding surtax), and the down payment of KRW 20 million shall be KRW 20 million on December 10, 2010; the intermediate payment of KRW 10 million on January 5, 201; the intermediate payment of KRW 20 million on February 5, 201; the intermediate payment of KRW 10 million on March 5, 201; the intermediate payment of KRW 30 million on March 5, 201; and the remainder of KRW 62 million on December 30, 201 appears to have been paid on March 30, 201; the term “the date of December 30, 2010” under the instant written supply contract (Evidence 1-2) appears to have been “the date of December 30, 2010” as “the date of the instant written supply contract.

After the delivery of machinery, the payment shall be made in cash on the 30th day of each month, and the payment shall be made in installments, and the payment shall be made in lump sum after deducting the amount paid up to the date when the installment payment obligation is breached even once. D.

On the other hand, the delivery date of the instant machinery was May 15, 201, and the amount calculated by the ratio of 2/1,000 of the amount paid per day of delay if the manufacturing delivery is delayed, shall be deducted from the balance.

(See Articles 1, 2, and 5 of the instant mechanical supply contract). (e)

The Defendant: (a) KRW 10 million on December 24, 201, and KRW 10 million on January 12, 201, as the price for the mechanical sale under the instant mechanical supply contract; and (b) KRW 10 million on January 12, 201.

F. On February 23, 201, KRW 30 million, and KRW 10 million on April 28, 201, respectively, paid a total of KRW 60 million (including contract money and three intermediate payments).

F. The Plaintiff manufactured the instant machinery on May 9, 201.

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