(영문) 대구지방법원 2015.02.06 2014가단22113

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(영문) 대구지방법원 2015.02.06 2014가단22113

기계잔대금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from May 24, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in manufacturing business of eco-friendly painting supply systems, etc., which is called C, and the Defendant is a person engaged in painting business.

B. On January 14, 2013, the Plaintiff entered into a contract with the Defendant to install a painting supply system (hereinafter “instant contract”) at the Defendant’s factory located in China designated by the Defendant, setting the contract amount as KRW 250 million (excluding value-added tax).

C. On March 2013, the Plaintiff installed the instant painting supply system at the Defendant’s factory located in China, designated by the Defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, witness D, part of Eul's testimony, purport of whole pleadings

2. The parties' assertion

A. The Defendant is obligated to pay to the Plaintiff KRW 50 million, which was not yet paid by the Defendant, among the costs for installing the instant painting supply system, and the damages for delay thereof.

B. Defendant 1) In light of its nature, the instant contract constitutes a contract for work. Since the Plaintiff failed to perform the obligation to complete the contracted object as stipulated in the instant contract, the Plaintiff’s claim of this case premised on the completion of the instant painting supply device is not reasonable. (2) Even if the Defendant is obligated to pay the said installation cost, the Plaintiff was unable to complete the delivery, installation, and trial operation of the instant painting supply device by the date stipulated in the instant contract, and thus, the Plaintiff is obligated to pay KRW 84 million for delayed delay from April 5, 2014 to September 19, 2014, the date following that the Defendant notified the Plaintiff that he should complete the installation of the instant painting supply device, which is KRW 168,00,000,000 for which the Defendant sought from April 5, 2014 to September 19, 2014. The Plaintiff was liable to compensate for damages as a total of KRW 28,215,00.

Therefore, the amount payable out of 112,215,00 won including the above liquidated damages and the amount of damages and the amount of the above installation.

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