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(영문) 서울서부지방법원 2016.09.08 2016가합33424
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on the studes cutting and processing business, and the Defendant is a company that carries on the import and sale of machinery equipment and parts.

B. On July 4, 2005, the Plaintiff traded with the Defendant, including purchase of parts and provision of services, since the Defendant purchased TruMic L/C L/C L/C 30 CNTING MACHE (hereinafter “former machinery”).

C. On November 6, 2007, the Plaintiff purchased Truas 5060 Cresic/6Kw CNC LASING MMARE (hereinafter “instant machinery”) from the Defendant, and paid 24,600 U.S. dollars by June 30, 2009 and agreed to pay the remainder two times within one year from the end of July 2009 to six months (including value-added tax; hereinafter the same shall apply) on June 30, 2009, and the remainder was modified to pay 500 million won as value-added tax on June 30, 2009 and the remainder was paid on September 1, 2009, respectively.

After that, the Plaintiff failed to pay the purchase price of the instant machinery, and the Defendant, on September 22, 2009, purchased the instant machinery from the Plaintiff at KRW 932,217,000, recovered the instant machinery.

E. On September 30, 2009, the Plaintiff entered into a contract with the Defendant to lease the instant machinery from the Defendant for the period from October 1, 2009 to 48 months, rent 28,737,500 won per month, rent payment date from November 20, 2009 to 15% per annum (hereinafter “instant contract”), and received delivery from the Defendant.

F. After that, the Plaintiff did not pay rent, the Defendant terminated the instant contract on September 2012 and recovered the instant machine.

G. 1 The Defendant’s remaining 491,281,30 won and overdue interest of the machinery rent of KRW 146,774,219 for the Plaintiff as a result of a transaction with the Plaintiff, including the instant contract, and KRW 638,05,519.

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