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Reasons
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(영문) 서울남부지방법원 2019.08.14 2017가단245686
양수금
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1. The Defendant’s KRW 35,066,459 as well as the Plaintiff’s KRW 6% per annum from July 18, 2017 to August 14, 2019, and the following.

Reasons

1. Facts of recognition;

(a) The kind, quantity and amount of machinery to be produced by Article 1 (Indication of Manufacturing and Supply Machinery) D shall be as follows:

Article 2 (Amount and Method of Payment) The total contract amount of KRW 316,000,000,000,000 shall be paid as follows:

(1)The down payment: 31,600,000 won (31,60,000 won) equivalent to 10 per cent of the total amount of the contract payment at the time of conclusion of the contract;

(2) Part payments: The first part payment = 30% (94,800,000 won) payment on July 30, 2000, the second part payment = 30% (94,800,000 won) payment on August 30, 200, and (3) any balance: 94,800,000 won of the down payment when the contract goods have been installed after delivery to a designated place by the Defendant and the trial operation has been completed.

Article 3 (Period of Payment and Place of Delivery) (1) D shall deliver all the contractual goods to the designated place of the defendant within September 30.

Article 6 (Defect Security) The defendant may demand D to repair defects arising after the takeover of the machinery, and the period shall be 12 months.

When the cause of the defect is due to a natural disaster or the use by the defendant, the defect shall not be recognized as a defect.

Article 8 (Deposit for Termination and Payment Guarantee) (1) The defendant shall not cancel the contract goods after the conclusion of the contract, and for unavoidable reasons, the defendant shall pay to D the amount requested by D according to the progress of the contract goods at the time of cancellation.

(2) When a trial run is completed after delivery of contractual goods, the Defendant shall pay D the balance of the mechanical cost (94,800,000 won). If D does not pay the full amount of the goods, the full amount of the goods may be recovered and the costs shall be borne by the Defendant.

On June 29, 2016, the Defendant entered into a mechanical manufacturing contract (hereinafter “instant contract”) with D Co., Ltd. (hereinafter “D”).

B. D. On January 2017, this case to the Defendant.

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