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(영문) 인천지방법원 2015.08.21 2014가단70916
기계대금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 20% per annum from November 4, 2014 to the date of full payment.

Reasons

1. Facts recognized;

A. On October 10, 2013, the Plaintiff entered into a contract with the Defendant for mechanical manufacturing with the term of KRW 25 million for the pipe cutting and screening machine (hereinafter “instant machine”) and the term of November 30, 2013 for the installation period.

B. On October 15, 2013, the Plaintiff paid the Defendant the mechanical cost of KRW 25 million.

C. The Defendant installed the instant machinery, but around June 30, 2014, decided to return the machinery cost to the Plaintiff by July 31, 2014 when cancelling the agreement with the Plaintiff, and recovered the instant machinery.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, evidence No. 4-1 and 2-2, witness C's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from November 4, 2014 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff, to the day of full payment.

B. As to the defendant's assertion and its determination, the defendant manufactured and installed machinery in accordance with the contract of this case, but the plaintiff paid the proceeds from the sale upon the plaintiff's request for sale of the machinery of this case and only keeps the machinery, so the plaintiff's claim is unjustifiable. However, the defendant's assertion is without merit, since there is no counter-proof as to the above fact of

3. In conclusion, the plaintiff's claim of this case is reasonable and thus the plaintiff's winning judgment is pronounced.

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