(영문) 대구지방법원 2016.04.15 2015가단33271

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(영문) 대구지방법원 2016.04.15 2015가단33271

약정금

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1. The Defendant’s KRW 24,50,000 as well as the Plaintiff’s KRW 20% per annum from September 19, 2015 to September 30, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person manufacturing automatic manufacturing machines, etc. even through the process, and the Defendant is a creditor against the Co., Ltd. (hereinafter “Nonindicted Company”).

B. The Plaintiff made a codin automatic manufacturing machine ordered by the non-party company at the price of KRW 40 million (excluding value-added tax). However, the non-party company failed to receive the said machine on the grounds of the non-party company’s failure to pay the said machine, and the Defendant agreed to pay the machinery price of KRW 25 million (excluding value-added tax) payable to the Plaintiff on May 18, 2015 and take over the said machine.

C. After May 25, 2015, the Defendant paid KRW 3 million out of the above machinery price to the Plaintiff, and accepted the said machinery.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant promising the payment of the above machinery price to be paid by the defendant has not yet been paid KRW 24.5 million (2.5 million value-added tax of KRW 2.5 million). The plaintiff and the defendant asserted that the plaintiff and the non-party company should settle the above machinery price, but they did not pay the plaintiff the machinery price.

B. As seen earlier, the Defendant agreed to pay the above machinery costs to the Plaintiff.

On the other hand, the agreement between the plaintiff and the non-party company on the payment of machinery was premised.

In addition, there is no evidence to prove that there is no machinery price that the non-party company would pay to the plaintiff.

Thus, the defendant is obligated to pay to the plaintiff the above 24.5 million won and damages for delay calculated at the rate of 20% per annum from September 19, 2015 to September 30, 2015, and 15% per annum from the following day to the day of full payment.

The plaintiff claimed damages for delay after October 1, 2015 at the rate of 20% per annum, but it is about the promotion of litigation.

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