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(영문) 서울중앙지방법원 2017.04.12 2016가단5113507
물품대금
Text

1. As to the Plaintiff’s KRW 88,335,254 and KRW 17,00,00 among them, the Defendant shall pay to the Plaintiff KRW 71,20,000 from February 27, 2014.

Reasons

1. Delivery of the place of delivery (including additional duties) of the purchase price (including additional duties) of the object of basic facts contract, and delivery of the tax invoice around February 13, 2015, the date of issuance of the tax invoice, as of February 26, 2014, A, which was located at the Chang-si, 187,000 won, around February 26, 2014, around February 26, 2014, KRW 266,200,00,000, around May 14, 2014, B, 2014, around December 13, 2015, where the S bargaining Center was located at Chang-si, which was located at KRW 413,60,000.

The Plaintiff entered into each of the following sales contracts with the Defendant carrying out a facility leasing business (hereinafter “each of the instant sales contracts”) and delivered the relevant machinery to each business entity, which carried out the object from the Defendant, and then issued each tax invoice for the purchase price to the Defendant.

B. The Plaintiff did not receive any balance of KRW 17,00,000 in the purchase price of A-related machinery, and KRW 71,200,000 in the purchase price of C-related machinery. On May 31, 2016, the principal portion out of the remainder of the purchase price of C-related machinery and KRW 1,100,000 in late payment damages and late payment damages was paid from B.

[Ground for recognition] The fact that there is no dispute or the plaintiff is a person

2. Determination

A. According to the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 17,000,000 of the A-related machinery, and damages for delay with respect to the remainder of the C-related machinery 71,200,000 and damages for delay with respect to the remainder of the B-related machinery (i.e., KRW 1,100,000 x the delivery date of the 748-day machinery from May 15, 2014 until May 31, 2016 x 0.06,000 x less than KRW 0.06,00) and damages for delay with respect to the remainder of the C-related machinery from the date following the delivery date of each remainder of the A and C-related machinery to the date of complete payment.

B. The judgment on the Defendant’s assertion (1) The Defendant, through a series of years transaction between the Plaintiff, the Defendant, and the sirens, determined that the part corresponding to the sirens deposit to be paid by the rentals to the Defendant should be paid by the rentals in advance or in installments to the Plaintiff, and the Defendant should pay the Plaintiff.

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