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(영문) 서울서부지방법원 2016.08.30 2016가단205277
매매대금
Text

1. The Defendant’s KRW 23,540,00 for the Plaintiff and 6% per annum from October 30, 2015 to August 30, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the furniture manufacturing and sales business under the trade name of “B,” and the Defendant is a corporation that runs the furniture sales business.

B. C Co., Ltd. (hereinafter “C”) awarded a contract for the supply and establishment of a production household (hereinafter “the instant household”) to a training institute located in Seopo-si, Seopo-si, Seopo-do (hereinafter “C”), and D subcontracted this to the Defendant.

C. On August 10, 2015, the Defendant awarded a subcontract again to the Plaintiff, and on which August 10, 2015, the Plaintiff was responsible for repairing defects for two years after the Plaintiff supplied, installed, and completed installation (the completion of inspection), and the Defendant entered into a contract to pay KRW 57,200,000 (including value-added tax) as the delivery price.

(hereinafter “The instant household supply contract”). According to the instant household supply contract, the Defendant paid 17,160,000 won to the Plaintiff by August 28, 2015, and the intermediate payment was subsequently consulted, and the intermediate payment was subsequently paid to the Plaintiff by October 30, 2015.

The Plaintiff established all households by October 23, 2015 according to the instant household delivery contract. However, the Defendant paid 17,160,000 won in advance on August 28, 2015 and paid 16,50,000 won in part on September 25, 2015, and did not pay 23,540,000 won in remainder.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 2 (including each number), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the amount of KRW 23,540,000, and to pay to the plaintiff delay damages at each rate of 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from October 30, 2015, which is the date of payment of the price, to October 30, 2015, which is the date of the decision in this case, to August 30, 2016, which is the date of the decision in

The Plaintiff shall, at the request of the Defendant, supply the instant household twice in lieu of supply of the instant household. KRW 1,00,000.

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