logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.13 2017가합535274
물품대금
Text

1. The Defendant’s KRW 415,800,000 as well as 6% per annum from January 1, 2018 to May 2, 2018 to the Plaintiff.

Reasons

1. The date of completion of installation and trial operation on February 31, 201: The payment method on February 5, 2016 shall succeed to the terms of the original contract.

8. The rate of liquidated damages: 0.150%.

C. From March 9, 2016 to June 4, 2016, the Plaintiff produced the instant transmission flag and supplied it to the designated place of C&A. From May 9, 2016 to March 15, 2017, the Plaintiff received KRW 1 billion as the contract price of the instant contract from the Defendant from May 9, 2016 to March 15, 2017.

On March 27, 2017, the Defendant: (a) prepared and delivered to the Plaintiff a written rejection of goods payment that the contract amount of KRW 415.8 million is to be paid in installments by December 2017 (hereinafter “instant payment rejection”); and (b) details thereof are as follows.

1. Total amount of debts: 415.8 million won (including value-added tax);

2. A repayment schedule: The fact that: (a) KRW 50 million was KRW 50 million on September 5, 2017; (b) KRW 50 million on September 5, 2017; and (c) KRW 50 million on June 5, 2017; and (d) KRW 50 million on June 5, 2017; (b) KRW 50 million on July 5, 2017; (c) KRW 50 million on July 5, 2017; (d) KRW 50 million on December 1, 2017; (e) KRW 58 million on August 5, 2017; (e) KRW 15,80,000 on KRW 5,00 on KRW 5,00 on KRW 5,00; (e) the payment materials and expenses paid by the defendant; (e) the fact that there is no dispute over each of the terms and conditions for subsequent settlement in the total amount of obligations;

2. Determination

A. According to the above recognition of the Plaintiff’s cause of claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the total debt amount of KRW 415.8 million as set out in the letter of payment in this case pursuant to the letter of payment in this case and damages for delay.

B. As to the Defendant’s assertion 1, the Defendant supplied spare parts and tools to C&A on behalf of the Plaintiff, on the ground that the Plaintiff did not supply spare parts and tools, and instead supplied spare parts and tools equivalent to KRW 20 million on behalf of the Defendant. The Plaintiff did not assign technicians related to performance stability at the site, and the Defendant placed technicians related to performance stability on behalf of the site for two months, and accordingly, the Defendant placed them on behalf of the site.

arrow