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(영문) 수원지방법원안산지원 2016.07.13 2016가단4631
물건대금 등
Text

1. The defendant shall pay 170,500,000 won to the plaintiff and 15% per annum from March 10, 2016 to the day of complete payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The following facts may be acknowledged in light of the overall purport of the arguments in the statements in Gap evidence Nos. 1 through 5 and Gap evidence Nos. 7 (including paper numbers, hereinafter the same shall apply) and there are no counter-proofs.

(1) On June 12, 2015, the Plaintiff entered into a contract with the Defendant to sell the two multiple automatic device at KRW 198,000,000 (hereinafter “instant contract”).

(2) The Defendant paid 36 million won out of the above payment as down payment, and the remaining 162,00,000 won (198,000,000 won - 36,000,000 won) plus interest of 8.5 million won on condition of installment payment in 24 installments (162,00,000 won) was agreed that Do 170,500,000 won (8,500,000 won) shall be repaid in installments every 24 times from August 31, 2015 to July 31, 2017, but where the aforementioned installment repayment is delayed on three or more occasions, the Plaintiff shall lose the benefit of time, and the Plaintiff shall be entitled to claim payment in full in lump sum from the Defendant.

(3) However, the Defendant did not pay the above installment only once, and the Plaintiff notified the Defendant of the loss of the benefit of time on January 29, 2016, which was the five-time installment payment payment date.

B. According to the above facts, due to the Defendant’s five-time installment payments, the Defendant’s five-time installment payments, and as stipulated in the instant sales contract, lost the interest of time for the payment of the remaining installment payments.

Unless there are special circumstances, the defendant is obliged to pay the plaintiff the total of KRW 170,500,000 for the remaining installments as stipulated in the contract of this case.

2. Judgment on the Defendant’s argument

A. As to this, the Defendant first requested the cancellation of the instant sales contract at the beginning of July 2015, which was after the instant sales contract, and accordingly, acknowledged the cancellation by the B director, who is the business director of the Plaintiff Company, the instant sales contract was rescinded. However, the Defendant asserted that the instant sales contract was rescinded, but it appears that it was consistent with the evidence No. 6.

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