(영문) 인천지방법원 2017.08.24 2016나64923

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.08.24 2016나64923

계약금반환 등

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

(b) the facts of the basis;

A. On November 16, 2015, the Defendant entered into a contract with the Plaintiff to manufacture and supply paper and World Cup for KRW 60 million (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

1. The terms and conditions of payment * the terms and conditions of payment 10-100-75 days * the down payment amount: the down payment amount of KRW 10 million and the remainder three months for the remaining three months.

* The Defendant returns the down payment without facilitating the condition of the machinery and collects the machinery.

(1) The defendant shall make and deliver the above machinery within 75-85 days from the date of payment of down payment to the plaintiff.

The payment date may be extended in cases where the plaintiff and the defendant agree, or where the payment is delayed, thereby hindering the fairness.

Article 22(1) of the Civil Procedure Act provides that if the payment period is extended under normal circumstances, the defendant shall compensate the plaintiff for the late payment day for the late payment charge.

B. On November 20, 2015, the Plaintiff paid a down payment of KRW 10 million to the Defendant.

C. The Defendant failed to manufacture machinery by the due date under the instant contract.

The Plaintiff notified the Defendant that the contract of this case was cancelled due to the delay of the performance of the Defendant through the service of the duplicate of the complaint of this case, and the duplicate was served on October 10, 2016 on the Defendant.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. According to the fact that the decision on the cause of the claim is 10,000 won, and that the contract in this case is legally rescinded upon arrival of the defendant on October 10, 2016, as the plaintiff's declaration of intent to cancel the contract, which was caused by the defendant's delay of performance, reaches the defendant on October 10, 2016, the defendant pays the down payment of KRW 10,000 and interest

유사 판례

-수원지방법원안산지원 2020.02.19 2019가단61024

-대구지방법원서부지원 2015.09.25 2014가합3901

-수원지방법원안산지원 2016.03.09 2015가단104176

-창원지방법원진주지원 2014.02.05 2013가단6250

-수원지방법원 평택지원 2018.11.02 2017가단11525