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(영문) 인천지방법원 2014.02.06 2013가단222123
매매대금
Text

1. Defendant B’s KRW 18,300,000 and the Plaintiff’s annual rate of KRW 5% from March 9, 2013 to February 6, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in mechanical parts manufacturing business, etc. under the trade name of D, and Defendant B is a person engaged in gold-type manufacturing business, etc. under the trade name of Defendant B, and Defendant C is a person who is the husband of Defendant B and the husband of Defendant B acting for Defendant B

B. On January 31, 2013, the Plaintiff and Defendant B concluded a sales contract for used machines selling used machines to Defendant B with the following content:

(hereinafter referred to as “instant sales contract”). Contract goods: C’s 150 tons: C’s phishing presses; C’ 160 tons; C’s Hpppug presses; 300 tons: each tax rate of 183,000 tons: 10,000 won (excluding value-added tax) down payment of KRW 10,000,000 for the intermediate payment of KRW 90,000 on January 31, 2013; payment of KRW 83,00,000 on February 10, 2013 (Provided, That payment of KRW 2,00,000 for the end payment of KRW 83,00,000 on March 3, 2013; payment of KRW 2,000,000 for the remainder of the loans: Defendant 20,000 U.S. P. P. loan 20,000 for the acquisition of additional loans.

C. Defendant B paid to the Plaintiff KRW 10,000,000 as down payment on January 31, 2013, KRW 80,000 as part of the intermediate payment on February 27, 2013, and KRW 25,000 as part of the rest payment and the remainder on March 5, 2013, respectively, and paid KRW 115,00,000 in total.

Meanwhile, until March 3, 2013, Defendant B did not pay the remaining purchase price of KRW 68,00,000,000. When Defendant B’s assumption of obligation was impossible, the Plaintiff and Defendant B agreed on March 8, 2013 that Defendant B would sell a three-party 20 tons of the AHppp clean frame to a third party, appropriate it to the purchase price, and repay Defendant B’s loans.

(hereinafter “instant agreement”). E.

In accordance with the instant agreement, on March 8, 2013, the Plaintiff sold the amount of KRW 200 to a third party at KRW 65,00,000 (excluding value-added tax) and appropriated it for the purchase price. Defendant B bears the amount of KRW 104,00,000 (the amount including the redemption fee of KRW 3,247,000 on the principal of the loan).

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