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(영문) 대구지방법원 2020.01.17 2018가단129579
매매대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 43,073,00 to the Defendant (Counterclaim Plaintiff) and its related amount from October 17, 2018 to January 17, 2020.

Reasons

1. Basic facts

A. On July 2, 2018, the Plaintiff and the Defendant concluded a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant to lease a 1600,000 won monthly rent to the Defendant with the period from July 9, 2018 to July 8, 2020, for the period from July 9, 2018, the period of the lease from July 2018 to July 8, 2020, when the Plaintiff sold the 1.5 million won freight cars to the Defendant (hereinafter “instant contract”).

The Plaintiff and the Defendant agreed to invalidate both the instant sales contract and the instant lease contract in the absence of the approval of the instant factory at the time.

B. According to the instant sales contract, the Defendant paid to the Plaintiff KRW 10 million for down payment on July 2, 2018, and KRW 40 million for intermediate payment on July 9, 2018. On July 9, 2018, the Plaintiff received the instant plant and the instant fixed games installed within the said plant from the Plaintiff, and completed the ownership transfer registration for the cargo vehicle.

C. On July 30, 2018, the Defendant sent to the Plaintiff a content-certified mail that “it is difficult to maintain the contract because the use of the machine is very difficult.” By August 10, 2018, the Defendant proves that there is no error in the machinery until August 10, 2018, or that it will pay the remaining price of the instant case upon completion of the resolution.”

Around August 30, 2018, the Defendant was bound by the instant plant, excluding the principle of no taxation and the principle of no taxation and the principle of no taxation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of the judgment on the cause of the claim, the defendant is obligated to pay the remaining amount of KRW 55 million and delay damages to the plaintiff according to the sales contract of this case, unless there are special circumstances.

B. The defendant's defense can not be permitted for the factory of this case as an unauthorized building, and among the objects of sale.

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