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(영문) 대전지방법원서산지원 2017.09.20 2016가단7489
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 29,680,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from May 27, 2017 to September 20, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs the business of manufacturing and installing the automobile main loan system, and the Defendant is running the parking lot operation business with the trade name of “C” in the parking lot building located in Siljin-si B.

B. Around January 201, Plaintiff 201 entered into a construction contract with the Defendant to establish a parking lot control system in the building above the parking lot operated by the Defendant (hereinafter “instant construction contract”) and around June 20, 201, according to the instant construction contract, the parking lot control system was established according to the instant construction contract. The main contents of the instant case are as follows.

(1) At the time of a contract under Article 3 (Contract Amount), 6,5340,00 won (the amount included in 19,602,00 won and value added tax), 30% (the amount included in 19,602,000 won and value added tax) of the contract amount under Article 4 (Conditions for Payment of Construction Amount) shall be paid at the end of each month during the 60 month period after the completion

(3) If the defendant under section 13 (Special Provisions) makes a lump sum repayment of the remainder of construction within six months after the completion of construction, the construction cost shall be calculated as 50,66 million won (value-added tax shall be assessed separately).

C. The Defendant paid 19,602,000 won to the Plaintiff the down payment of the instant construction contract. In order to pay the remainder of the instant construction contract, the Plaintiff and the Defendant entered into an installment sales agreement with respect to the main loan system established under the instant construction contract (hereinafter “instant installment sales agreement”) around June 20, 201, and the main contents related to the instant case are as follows.

(1) Article 3 (Payment of Price) The defendant shall pay to the plaintiff 1,200,000 won per month as the installment price of the main loan system for 58 months.

(2) Article 4 (Maintenance Obligations, etc.) (1) Details of the installment sales agreement shall be based on the construction contract.

(2) The plaintiff shall manage the Jeju Loan System to ensure its normal operation.

(3) The basic management necessary for the operation of the system shall be under the responsibility of the defendant.

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