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(영문) 서울중앙지방법원 2017.04.28 2016가단75600
매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 22,557,412 and the interest rate thereon from November 17, 2016 to the date of full payment.

Reasons

1. Basic facts

A. From May 4, 2015, the Plaintiff is engaged in the sales of electric machinery, equipment, etc. with the trade name “F” in Jung-gu Seoul Metropolitan Government E, and the same year.

8. By December 24, 200, the Defendants supplied total amount of KRW 76,917,412 to the Defendants.

B. The Defendants paid the Plaintiff totaling KRW 54,360,000,000 on July 1, 2015, and KRW 34,360,00 on the 15th of the same month, and KRW 10,000 on August 21, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts finding as to the claim against Defendant B and D, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 22,557,412 (=76,917,412 - 54,360,00) and damages for delay.

B. As to Defendant B and D’s assertion, the Defendants paid the Plaintiff KRW 84,108,50 (=54,360,000 + KRW 29,748,500) on June 17, 2015, additional KRW 10,000,000 on July 1, 2015, and KRW 10,000,000 on August 21, 2015, and KRW 29,748,50 on the total amount of KRW 84,108,50 on the price of the electric equipment (= KRW 54,360,000 + KRW 29,748,508,00). Accordingly, the Defendants asserted that the Plaintiff’s claim of this case is unjust since the Plaintiff paid the amount of the electric equipment to the Plaintiff.

As seen earlier, the Defendants paid KRW 54,360,00 to the Plaintiff as part of the purchase price of the electric equipment. Meanwhile, comprehensively taking account of the overall purport of each evidence cited earlier, the Plaintiff supplied the Defendants with electric equipment equivalent to KRW 16,748,50,00 to the Defendants around April 29, 2015, in addition to the transaction from May 4, 2015 to August 24, 2015, the Plaintiff supplied the Defendants with electric equipment equivalent to KRW 16,748,50,00 to the Defendant’s passbook (Account Number: G) in the Plaintiff’s name on May 29, 2015, and deposited KRW 9,748,50 to the Plaintiff’s passbook under the Plaintiff’s name on June 17, 2015, + KRW 16,748,500 to the Plaintiff’s passbook.

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