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(영문) 의정부지방법원 2019.05.15 2018가단5874
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,000,000 (Woocheon) and 15% per annum from May 15, 2018 to the date of full payment.

Reasons

1. On March 2017, the Plaintiff entered into a sales contract to purchase the “sn beam beamline”, which is a steel material for building, from the Defendant (hereinafter “instant sales contract”). At the Defendant’s request, the Plaintiff first paid KRW 60,000,000 in total, including KRW 10,000,000, and KRW 30,000 in sales price, and KRW 20,000 in total,00,000 in sales price, in response to the Defendant’s request.

However, despite the Plaintiff’s demand over several times, the Defendant did not supply the “H beamline” to the Plaintiff.

[Reasons for Recognition] The whole evidence Nos. 1-2 and the purport of the whole argument

2. The sales contract of this case was lawfully rescinded on May 14, 2018, on which the copy of the complaint of this case was served on the Defendant, stating the Defendant’s expression of intent for rescission due to delay of performance.

Therefore, the Defendant, as restitution to the Plaintiff, is obligated to pay to the Plaintiff the purchase price of KRW 60,00,000 and damages for delay calculated at the rate of 15% per annum from May 15, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

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