(영문) 대전지방법원 2016.12.14 2015가단225339

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(영문) 대전지방법원 2016.12.14 2015가단225339

매매대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 16, 2012, the Plaintiff and the Defendant concluded a sales contract with the following terms (hereinafter “instant sales contract”).

(1) The seller: The seller: (3) the subject matter of the sale. (4) the sale price and the due date for payment: 19,000,000 won shall be paid until January 31, 2013. (5) In selling and selling the subject matter of the sale, the seller shall accept and sell all the goods traded as of the date of the sale without any trade name, such as authenticity and price, and trade the subject matter of the sale. In selling and selling the subject matter of the sale, the seller shall consult with each other to avoid any civil and criminal liability and trade the subject matter of the sale.

(6) Compensation: Liability for mutual compensation shall be held if a person fails to fulfill his/her pledge.

B. The Defendant was delivered the instant picture on the date of concluding the instant sales contract, but did not pay the purchase price to the Plaintiff up to now.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination of the parties' arguments

A. The Plaintiff’s assertion asserts that the Defendant is obligated to pay the Plaintiff KRW 19,00,000 as the penalty for breach of the instant sales contract and KRW 19,00,000 according to the instant sales contract.

According to the instant sales contract, the Defendant was obligated to pay KRW 19,00,000,000 for the purchase price, barring special circumstances, since the Defendant received the instant forest from the Plaintiff.

In addition, since the defendant did not pay the purchase price until January 31, 2013, the due date for payment, the plaintiff is obligated to compensate for the loss if the plaintiff suffered the loss.

However, since there was no separate agreement between the parties to a penalty, it cannot be said that the parties are obligated to pay the penalty of KRW 19,00,000 as alleged by the Plaintiff, and as long as there is no specific proof as to the damages incurred by the Plaintiff due to failure to pay the purchase price, the damages for delay after

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