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(영문) 전주지방법원 2020.12.16 2019나10203
물품대금
Text

All appeals against the principal lawsuit and counterclaim of the Plaintiff (Counterclaim Defendant) are dismissed.

The costs of appeal are assessed against the principal office.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment of the court of first instance shall be determined by rejecting each entry in the evidence Nos. 6 or 10, which was submitted additionally at the court of first instance and lack of the facts or judgment recognized by the court of first instance, and the reasoning of the judgment of the court of first instance for the following reasons: ① 5, No. 13 and No. 14, “the plaintiff did not supplement the defect. The defendant notified the contract of this case on the ground of the defect and the defect in the machinery of this case.” The plaintiff did not properly perform the incomplete performance of the obligation under the contract of this case, such as not only the plaintiff did not supplement the defect, but also did not have the ability to supplement the defect. The defendant notified the contract of this case on the ground of delay or impossibility of performance.” ② 5, the defendant is obliged to pay the compensation for delay or the cost of restoring the machinery of this case, and ③ 7, No. 2013 to No. 289, the plaintiff can pay the above damages to the defendant. 20304.

[Agreement on liquidated damages for delay is a contract under a condition precedent which takes effect upon the debtor's delay delay as a condition precedent. Since the plaintiff delivered the instant machinery to the defendant on September 11, 2018, the delayed period is from August 14, 2019 (60 days after the date of conclusion of the instant contract) to September 11, 2018, which is the date of delivery contract, to September 28, 2018 (28 days). If the delay in the payment of the down payment was deducted from 28 days to 20 days after the delay in the payment of the down payment, the delayed period is eight days, and the amount of the delayed payment is only 600,000 won (75,000 won (25,000 won) to the 25,000,000 won x 3/1,000 x 8 days.

The amount of the above liquidated damages is less than the amount claimed by the defendant, and thus the cost of restoring the machinery of this case is selected.

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