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(영문) 부산지방법원동부지원 2017.06.22 2016가단17622
약정금
Text

1. As to the Plaintiff’s double KRW 135,00,000 and KRW 120,000,000, the Defendant paid to the Plaintiff KRW 5,000 from October 1, 2016.

Reasons

1. Facts of recognition;

A. On March 4, 2016, the Plaintiff decided to purchase the 100,000,000,000 gate (10%, 10%, and 70%) from the Defendant from the Defendant on March 4, 2016, to purchase the 110,000,000 won, and the Plaintiff paid 22,00,000 won on the date of the contract, and the goods were supplied within 30 days from the date of the payment of the down payment.

B. On June 28, 2016, the Plaintiff paid the down payment of KRW 22 million on the day of the contract, and at the Defendant’s request, paid KRW 80 million out of the remainder KRW 88 million on June 28, 2016.

C. On August 10, 2016, the Defendant was cleared of the Busan Customs around August 10, 2016.

On the day, the plaintiff received an emergency warning 690,000 on the day, and the rest of the wall is kept in the bonded warehouse.

E. On September 24, 2016, the Plaintiff demanded the return of the wall supplied to the Plaintiff, and the Defendant, including the amount of damages, paid to the Plaintiff a total of KRW 135 million, including the amount of damages, and on September 30, 2016, the Plaintiff agreed to pay KRW 120 million up to October 10, 2016, KRW 500,000,000,000 and KRW 10 million up to October 30, 2016, and drafted a written promise of evidence A4.

[Ground of recognition] Unsatisfy, each entry in Gap 2 through 4 (including provisional lot number mixing), and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 135 million due to the termination of the contract for purchase of armored goods and the amount of KRW 120 million from October 1, 2016, which is the following day: for KRW 5 million; and for KRW 10 million from October 11, 2016; and for KRW 10 million from October 31, 2016 to June 22, 2017, each of which is the sentencing date of this case; and for KRW 6% per annum from the following day to the day of full payment.

After the letter of verification No. 4, the Defendant was deemed to be liable for civil and criminal liability at any time at each time, but the remainder of the time limit, even if it is based on other evidence submitted by the Plaintiff, even if it is based on such facts and other evidence submitted by the Plaintiff.

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