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(영문) 대전지방법원천안지원 2016.04.28 2016가단468
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,920,000 to the Plaintiff (Counterclaim Defendant) and its payment from May 15, 2015 to April 28, 2016.

Reasons

1. Basic facts

A. On January 8, 2015, the Plaintiff entered into a contract for the sale and installation of special block machinery (hereinafter “instant contract”) with the Defendant to manufacture machinery necessary for the production of special block with the Defendant and install it in the Defendant factory.

According to the instant contract, the contract amount is KRW 47,300,000, but the contract amount is KRW 14,190,000, and the intermediate payment is KRW 18,192,00,000 at the time of the contract, and the intermediate payment is KRW 14,190,000 at the time of the machinery car.

B. The Plaintiff manufactured and completed the machinery in accordance with the drawing presented by the Defendant, and on May 13, 2015, installed the machinery in the Defendant’s factory by cutting the said machinery, and completed a trial run on May 14, 2015.

C. The Defendant paid 14,190,000 won among the intermediate payment on January 9, 2015, and 14,190,000 won to the Plaintiff on May 13, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 1 through 3 evidence (including Serial number), the purport of the whole pleadings

2. According to the above facts finding as to the claim of this case, since the plaintiff fulfilled all the obligations under the contract of this case, the defendant is obligated to pay to the plaintiff 18,920,000 won (=47,300,000 won - 14,190,000 won - 14,190,190,000 won - 14,190,000 won) which is the amount unpaid out of the contract amount of this case and damages for delay calculated at each rate of 15% per annum under the Civil Act from May 15, 2015, which is the day following the day when the plaintiff completed the trial operation, which is deemed reasonable to dispute the existence or scope of the defendant's obligation to perform from May 15, 2015 until April 28, 2016, which is the day when the judgment is rendered, 5% per

The Plaintiff claimed for the payment of damages for delay from May 14, 2015 on the said money. However, as recognized earlier, as long as the Plaintiff completed the trial run on May 14, 2015, the Defendant’s delay liability arises from the following day.

As such, the plaintiff's delay damages exceeding the above recognition scope.

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