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Reasons
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(영문) 창원지방법원마산지원 2016.06.16 2015가단8974
매매대금
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1. The Defendant’s KRW 17,570,00 for the Plaintiff and KRW 6% per annum from January 9, 2015 to June 16, 2016, and the following.

Reasons

1. Facts of recognition;

A. On July 28, 2014, the Plaintiff agreed to produce and deliver to the Defendant one 30 tons of astronomical dyke (including value-added tax) by August 30, 2014, and receive 86,900,000 won (including value-added tax) from the Defendant.

(hereinafter “instant contract”). (b)

On July 30, 2014, the Defendant paid 31,600,000 won to the Plaintiff as down payment, and 26,070,000 won as part payment on October 28, 2014, respectively, as part payment. On March 25, 2015, the Defendant paid 3,160,000 won of value-added tax to be paid by the Plaintiff on behalf of the Plaintiff.

C. Around January 2015, the Plaintiff manufactured and handed over the Defendant with the foregoing ceiling.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the unpaid amount of KRW 26,070,000 [=86,90,000 + (31,600,000 KRW 26,070,000)] and damages for delay, unless there are special circumstances to the plaintiff.

In addition to the plaintiff, the plaintiff sought additional cost of KRW 2,090,000 from the defendant, but there is no evidence to acknowledge it, and the claim for this part is not accepted.

B. The Defendant’s assertion as to the Defendant’s defense, etc.: (a) the Defendant paid KRW 8,500,000 to the Guarantee Insurance Company on September 30, 2015, following the Plaintiff’s defect on the said tent, etc.; and (b) the Plaintiff, along with the instant contract, decided to manufacture and deliver to the Defendant 20 tons of 1,000 tons of 20 tons of 20 tons of 1,000 13,640,000 won of 23,620,000 won of 23,620,000 paid to the Defendant to the Defendant on October 30, 2014; and (c) the Plaintiff did not perform the obligation to deliver the down payment to the Plaintiff; and due to the said nonperformance, the Plaintiff shall also pay the Defendant’s 13,640,000 won paid

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