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(영문) 대전지방법원 2015.09.24 2015가단211033
물품대금
Text

1. The defendant is simultaneously with the delivery from the plaintiff of a general flag (k233), a traditional flag, and a sex flag.

Reasons

1. Facts of recognition;

A. On October 15, 2013, the Plaintiff entered into a sales contract between the Defendant and the Defendant with a general flag (k23)-type one and a traditional flag-type one (hereinafter collectively referred to as “each of the instant goods”) at the purchase price of KRW 170 million (excluding value-added tax). Of the sales price, the down payment of KRW 30 million is paid on October 30, 2013; the remainder is paid at the time of receipt; the payment period is the date of delivery; the payment period is December 20, 2013; the place of delivery is the place designated by the Defendant (hereinafter referred to as “instant contract”).

B. The Defendant did not pay the instant sales price, including the down payment KRW 30 million, to the Plaintiff on October 30, 2013.

C. Although the Defendant currently demanded the Plaintiff to deliver each of the instant goods to the location of the Defendant’s business, the Plaintiff is arguing that the Plaintiff cannot deliver the goods unless it receives the full amount of the purchase price from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff asserts that since the defendant did not pay the purchase price of this case, the plaintiff is obligated to pay the plaintiff the purchase price of this case KRW 170 million and damages for delay from the next day of delivery of the copy of the complaint of this case.

B. Determination 1) According to the above facts as to the obligation to pay the instant down payment, the Defendant, in the instant sales contract, determined to pay the Plaintiff the instant down payment amounting to KRW 30 million on October 30, 2013, and it is apparent that the said date was too excessive. As such, the period during which the instant down payment obligation was due arrives.

B) According to the above facts as to the obligation to pay the remainder of this case, the Defendant’s remainder of KRW 140 million under the sales contract of this case (i.e., the Plaintiff).

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