1. The Defendant’s KRW 165,00,000 as well as 6% per annum from September 13, 2016 to September 13, 2017 to the Plaintiff.

1. On November 2014, the Plaintiff purchased, from the Defendant, the used machinery of “SU 8 Automatic Starting 1” (hereinafter “the used machinery of this case”) of “90,000,000 won (excluding value-added tax),” and sold “4 pages automatic starting 1” (P-110N4S, hereinafter “the instant machinery”) to the Defendant at KRW 260,000 (excluding value-added tax), and the Plaintiff purchased the used machinery of this case from the Defendant around February 15, 2015, and there is no dispute between the parties.

▷따라서 피고는 원고에게 이 사건 기계 매매대금에서 이 사건 중고기계 매매대금을 공제하고 남은 1억 7,000만 원(부가가치세 별도)을 지급하여야 한다.

▷다만, 원고는 2015. 2. 15.을 기산일로 하여 그 지연손해금을 구하고 있는바, 피고의 물품대금 채무 이행기가 언제인지를 알 수 있는 자료가 이 사건 변론과정에 현출되지 아니한 이상 증명책임의 원칙에 따라 위 물품대금 채무는 이행기의 정함이 없는 채무로 보아야 한다.

Furthermore, such delay liability arises from the day after the obligor receives the claim for performance.

In addition to the request for the payment made on September 12, 2016 [the request for payment of KRW 150 million remaining after the waiver of KRW 20 million as seen in subparagraph 1 and subparagraph 2-3 below], it cannot be specifically identified when and when the defendant received the request from the plaintiff. Thus, it is reasonable to view that the defendant's obligation for the payment of the goods arises from September 13, 2016 (the day following the dispatch of evidence 1) in principle of the burden of proof.

Therefore, the Plaintiff’s assertion on the starting date of the damages for delay is acceptable within the scope of the above recognition.

2. The judgment on the Defendant’s assertion (1) was solicited by the Plaintiff’s employees to purchase the instant machinery on condition of a loan for business safety funds for small and medium enterprises, and the instant sales contract is concluded.