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1. The Defendant’s KRW 31,118,00 for the Plaintiff and KRW 3.05% per annum from April 14, 2012 to August 9, 2013.
Reasons
1. Facts of recognition;
A. On January 10, 2012, the Plaintiff entered into a contract with the Defendant for the sale of two sets of engines for maritime power generation (dusan AD136T 104kw 1 set, Hyundai D4D 61kw 1 set, hereinafter “instant power generation engine”) at KRW 51,00,000 (excluding value-added tax).
(hereinafter “instant sales contract”). According to the instant sales contract, KRW 15,300,00 for down payment is paid within five days after the contract was concluded, and KRW 35,700,000 for the remainder within five days before the delivery, and when the buyer delays the performance of the obligation to be paid to the seller, the buyer shall pay overdue interest at the interest rate of one-year fixed deposit in commercial banks (3.05% as of November 5, 2012) from the date following the payment date to the full payment date.
B. On January 13, 2012, the Defendant paid the Plaintiff the down payment of KRW 16,830,00,000, including value-added tax, but thereafter, an insolvent financial institution requested postponement of the balance due to its lack of financing. On March 19, 2012, the Plaintiff supplied the Plaintiff with an agreement to pay the remainder of KRW 20,40,00 until March 31, 2012, and the remainder of KRW 18,870,000 after the completion of the trial operation of modern power engines (hereinafter “instant agreement”), upon receiving an agreement to pay the remainder of KRW 18,870,00 to the Defendant (hereinafter “instant agreement”).
C. However, the Defendant paid only KRW 10,000,000 out of the remainder on April 13, 2012, but did not perform the said arrangement.
On the other hand, around February 16, 2012, the Defendant and the owner A refused to accept the Plaintiff as to whether the power generator engine was a new color engine while witnessing the test operation of the instant power generator. However, the Plaintiff submitted to the Defendant a production certificate, a preliminary inspection certificate issued by the Korea Ship Safety Technology Authority, etc., upon the Defendant’s request, and the Plaintiff submitted to the Defendant with an agreement to newly replace the electric power tanker, and guarantee the repair of defects for 18 months after the completion of the trial operation.