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(영문) 창원지방법원 2015.12.17 2014가합6084
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 150,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 25, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. The plaintiff is engaged in the manufacturing business of agricultural machinery, etc. with the trade name of C, and the defendant is a company engaged in the feed manufacturing business.

B. On June 26, 2013, the Plaintiff sold one of the “FFFFC” (hereinafter “instant machinery”) to the Defendant at KRW 150 million between the Defendant and the Defendant. Within six months after the trial run, the Plaintiff agreed to receive the remainder of KRW 90 million within 12 months after the trial run.

C. The Plaintiff delivered the instant machinery to Busan Port, which is the place of delivery where the Plaintiff agreed, and the Defendant transported it to India Port around July 17, 2013, which was transported to India Port, and then transported it to D companies located in India, around August 16, 2013.

Plaintiff

Around August 25, 2013, the side arrived at the above D company with the instant machinery, and started a trial operation from August 28, 2013, and completed the supply of the instant machinery from E, who is an employee of the Defendant, on September 3, 2013, and confirmed that all the completion of the trial operation was completed, and returned to Korea.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, and 9, witness E and F's testimony, the purport of the whole pleadings

2. According to the facts of recognition as to the claim of this case, the Plaintiff established the instant machinery in India as designated by the Defendant, completed trial operation around September 3, 2013, and supplied and installed the main structure of the instant machinery as agreed upon by the employees of the Defendant Company upon obtaining a written confirmation from its employees.

I would like to say.

Therefore, as of the 12-month period after the completion of a trial run, the Defendant’s payment period of KRW 150 million for the contract price of this case as of the 12-month period, and for each intermediate payment and the remainder, is 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 25, 2014 to September 30, 2015, which is the day following the date on which the original copy of the payment order of this case, sought by the Plaintiff, was served to the Defendant, and the next day to the day of full payment.

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