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(영문) 대구지방법원김천지원 2015.01.16 2014가합1938
위약금
Text

1. The Defendant shall pay to the Plaintiff KRW 105,00,000 as well as 20% per annum from September 19, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On September 19, 2012, the Plaintiff entered into a contract with the Defendant on the supply of the 5 tons of copper water each month by September 19, 2014, under which the Plaintiff paid KRW 25 million to the Defendant, and agreed to receive KRW 1.5 times the deposit if the Defendant fails to perform his/her duty of supply.

hereinafter referred to as "the primary contract"

B. On September 30, 2012, the Plaintiff demanded that the Defendant failed to observe the supply quantity, and that the Defendant would keep the deposit in excess, the Plaintiff paid the Defendant a deposit amount of KRW 25 million to the Defendant on September 30, 2012, set the supply period until September 31, 2014, and the terms and conditions of the contract were the same as the first contract.

C. The Defendant did not follow the supply volume again, and the Plaintiff paid a deposit of KRW 20 million to the Defendant on April 15, 2013 upon the Defendant’s demand for the increase of deposit, and the supply period was set up until April 15, 2015, and the contents of the contract were the same as the primary contract.

From September 19, 2012, the Defendant did not supply 5 tons of old goods to the present day, and the Plaintiff notified the Defendant on August 29, 2014 that all of the contracts will be rescinded.

E. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from the day after the delivery of a copy of the instant complaint to the day of full payment, which is KRW 1.5 million, which is the aggregate of KRW 70 million under the contract, to the day of full payment.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

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