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Reasons
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(영문) 인천지방법원 2018.02.01 2015가합6186
양수금
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1. The Defendant shall pay to the Plaintiff KRW 205,360,100 and the interest rate of KRW 15% per annum from October 20, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The total purchase price under Article 2 (Sale Price) of the Agreement between the Defendant and Leakia Co., Ltd. (hereinafter “Creakia”) shall be KRW 2,070,000 (Provided, That the sum of the sale price shall be KRW 2,070,000 (Provided, That the sum of KRW 207,000,000) shall be paid by the Defendant and Leakia as follows:

1. The down payment of 10,000,000 won shall be paid and the intermediate payment of 150,000,000 won shall be paid by August 10; and

2. The remainder shall be paid in 1,700,000,000 won through the facilities funds of Daegu Bank; and the remainder shall be paid in 36 months from February 28, 2016 after the deferment of six months;

B. On June 26, 2015, the Defendant entered into a contract (hereinafter “instant contract”) under which the Defendant would purchase the instant machinery (hereinafter “instant machinery”) of KRW 2 billion in KRW 70,000,000 (excluding value-added tax) from Lesia, v. CNC V 300 machinery, V.500 machinery, and total of KRW 50,000,000 (hereinafter “instant machinery”).

The details relating to the payment of the purchase price in the instant sales contract are as follows.

B. On August 26, 2015, the details of payment of the purchase price under the instant sales contract were delivered to the Defendant on August 26, 2015, and the Defendant paid KRW 1.7 billion, which is part of the remainder of the purchase price under the instant sales contract, from the Defendant on August 28, 201

C. On September 22, 2015, Canada transferred KRW 205,360,100 among the remaining sales price claims pursuant to the above sales contract to the Plaintiff (hereinafter “instant transfer claim”), and on the same day, notified the Defendant of the said transfer by content-certified mail, and the said notification reached the Defendant around that time.

On the other hand, on May 31, 2016, the Defendant filed a lawsuit against the Defendant against the Defendant, stating that “The instant contract was revoked, as the instant machinery was defective, and sought a refund of the purchase price and compensation for damages,” and the Plaintiff is an assistant intervenor to the said lawsuit.

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