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(영문) 의정부지방법원 2016.09.02 2015가합53053
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 200,392,660 as well as its annual interest from July 9, 2015 to September 30, 2015.

Reasons

1. Determination as to the claim against Defendant B

(a) The reasons for the claim are as shown in the annexed sheet;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable law and Article 208 (3) of the Civil Procedure Act

C. The Plaintiff seeking payment of damages for delay calculated at the statutory rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the delivery date of a duplicate of the complaint of this case to the day of full payment. However, the statutory interest rate of 15% per annum after October 1, 2015 under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015, and Article 2(2) of the Addenda of the same Act is applicable. Thus, the part exceeding the annual interest rate of 15% from October 1, 2015 to the day of full payment among the Plaintiff’s claims for damages for delay is without merit.

2. Determination on the claim against Defendant Vienna Capital Co., Ltd.

A. Facts of recognition 1) The Plaintiff is a person engaged in the printing and printing business under the trade name of “C”, and Defendant Viench Capital Co., Ltd. (the trade name prior to the change “Ssp Capital Co., Ltd.”; hereinafter “Defendant Capital”).

[Defendant B] The facilities leasing business, etc., Defendant B (hereinafter “Defendant B”)

) and D Co., Ltd. (hereinafter referred to as “foreign company”)

(2) On August 10, 2012, the Plaintiff entered into a sales contract with Defendant B, which sets the sales amount of KRW 36 million with respect to the sets of the UV-CTPP output equipment (which consists of Aurora 800uV-CTPP 1 SYETM, current 125, Shoter PC, and Lhoter PC/W, CIP, CIP PC, work PC, and KSK EV (WK)). The Plaintiff agreed to set the down the sales contract which sets the down down the down down the down payment of KRW 10 million,000,000,000 among the above sales amount, and the remainder shall be paid through a lease contract with the lessee.

3. On September 27, 2012, the Plaintiff between Defendant Capital and the acquisition cost of the instant printing equipment is KRW 458 million, Nonparty Company, and lease period.

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