(영문) 대구지방법원 2017.05.25 2016나5434 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구지방법원 2017.05.25 2016나5434

약정금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that manufactures an automatic manufacturing machine, etc. even through the process.

B. The Plaintiff supplied two codined automatic manufacturing machines ordered by the non-party company B (hereinafter “non-party company”) to the non-party company B, and one of them (hereinafter “the instant machinery”) was entered into C, an external producer of the Plaintiff for repair. The Plaintiff thereafter refused to deliver the instant machinery to the non-party company on the ground that the price for the remainder of the machinery was not paid for the instant machinery.

C. On May 18, 2015, the Plaintiff prepared a written confirmation (No. 1; hereinafter “instant confirmation”) between the Defendant, who was a creditor of the non-party company, and delivered the instant machine to the Defendant.

In receiving the instant machinery, it is confirmed as follows.

1. Machines amount: 40 million won;

2. Amount of KRW 15 million already paid from the non-party company to the plaintiff

3. Balance: The machinery receiver must pay the remainder of KRW 25 million to the Plaintiff immediately and receive the instant machinery in accordance with the facts agreed with D and the largest shareholder E as to the above KRW 25 million. Therefore, it must clarify that the Defendant is the recipient of the civil and criminal liability incurred after the completion of the work, and sign a signature thereon.

On May 25, 2015, the Defendant paid KRW 3 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, purport of the whole pleadings

2. Determination on the cause of the claim

A. While the Plaintiff supplied the instant machinery to the Nonparty Company and did not receive the remainder of KRW 25 million (value added tax) from the Nonparty Company, the Defendant, a creditor of the Nonparty Company, decided to pay the remainder of the instant machinery to the Plaintiff on behalf of the Nonparty Company and take over the instant machinery.

Accordingly, the plaintiff and the defendant prepared the confirmation document of this case, and the defendant prepared the machine of this case.

유사 판례

-서울북부지방법원 2009. 11. 4. 선고 2009나3904 판결

-대구지방법원 2016.04.15 2015가단33271

-수원지방법원성남지원 2013.11.07 2013가단19440

-대법원 2010. 2. 11. 선고 2009다93671 판결

-대구지방법원서부지원 2016.01.26 2015가단34929