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(영문) 대전지방법원 2017.12.22 2016가단4737
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 101,50,000 and the interest rate of KRW 15% per annum from February 23, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Creatia Co., Ltd. (hereinafter “Creatia”).

) On June 26, 2015, NCC total of 30 mechanical units (33,00,000 per 1 unit), 20 mechanical units (54,000 won per unit), and total of 50 units (hereinafter referred to as “the instant machinery”).

A total of KRW 2 billion (excluding value-added tax) was sold in total (hereinafter “instant sales contract”).

(2) The main contents of the instant sales contract are as follows.

The buyer company (hereinafter referred to as the "Defendant A") and the seller company Lesia (hereinafter referred to as the "B") shall enter into a sales contract between the buyer company and the seller company as follows:

Article 2 (Sales Price) Sales Price shall be KRW 2,070,000 (Provided, That the sum of the sales price shall be KRW 2,070,000 (Provided, That the sum of KRW 207,000,000) (Additional Tax), and (A) shall be paid to (B), as follows:

1. The down payment of 10,000,000 won shall be paid and the intermediate payment of 150,000,000 won shall be paid by August 10; and

2. The remainder shall be paid in 1,700,000,000 won through the facilities funds of Daegu Bank; and the remainder shall be paid in 36 months from February 28, 2016 after the deferment of six months;

Article 3 (Time-Limit for Extradition) (B) shall set up and deliver to (A) the following machinery at the factory of the headquarters of (A) by August 17, 2015:

(B) Article 5 (Duty to Guarantee) (B) guarantees that the machinery has performance as stated therein, and shall ensure that the test operation is completed before delivery of Article 3 and the performance is proved.

Article 10 (Deposit of Sales Price for Machinery) As above, the down payment and delivery of machinery shall be observed, and if the quality of machinery is not defective, the Party A shall pay the balance of the total sales price for machinery through a loan of financial rights.

3 Around August 26, 2015, Lerea delivered the instant machinery to the Defendant on or around August 26, 2015, and around the 28th day of the same month, from the Defendant, the remainder of the purchase price under Article 2 subparagraph 2 of the instant sales contract, is 1.7 billion won.

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