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(영문) 의정부지방법원 2018.01.24 2017가단129117
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 36,00,000 and the interest rate of KRW 15% per annum from September 19, 2017 to the day of complete payment.

Reasons

1. On July 5, 2016, the Plaintiff entered into a sales contract for selling the Plaintiff’s two points of art works to the Defendant for KRW 36,00,00 (hereinafter “instant sales contract”). The fact that the Plaintiff delivered two points of the said works to the Defendant around that time is no dispute between the parties.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 19, 2017 to the day of full payment, as the date following the delivery date of the original copy of the instant payment order, as claimed by the Plaintiff, as the date of delivery of the said work after the delivery date of the said work.

2. Judgment on the defendant's assertion

가. 주장의 요지 피고가 이 사건 매매계약에 따른 매매대금을 지급하지 않자 원고가 위 작품을 회수해 가겠다고 하였고, 피고가 원고에게 대금 지급기한의 유예를 요청하면서 이를 만류하였으나, 원고가 고집을 꺽지 아니하여 결국 피고가 위 작품 회수 요청을 승낙하였다.

B. The Defendant’s above assertion appears to the purport that the instant sales contract was terminated by agreement, so it is insufficient to recognize that the statement of health room and Eul evidence No. 1 on this point alone was consistent with the Plaintiff’s declaration of intent with regard to the cancellation of the instant sales contract, and there is no other evidence to acknowledge it otherwise.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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