(영문) 서울중앙지방법원 2017.01.12 2016나47125

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.01.12 2016나47125

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On June 24, 2015, the Plaintiff: (a) concluded a contract deposit of KRW 500,000, the remainder 11,600,000; (b) the remainder amount of KRW 12,100,000 with the Defendant, who is the original manufacturer of the headquarters, as KRW 2,000,000; (c) the Plaintiff entered into an agreement with the Defendant to install the sales contract of KRW 12,10,00,000 on the condition that the former sales price of KRW 14,10,000,000 owned by the Defendant (hereinafter “the instant store”); and (d) the remainder amount of KRW 12,100,000,000 on the date of the contract and the remainder amount of KRW 12,100,710 on the day of the contract; and (e) the Plaintiff was paid the payment of the contract of the instant case to the place designated by the Defendant (hereinafter “the date of the contract”).

B. After that, the Defendant did not pay the remaining payment date stipulated in the sales contract of this case until the remainder payment date, on the ground that there was a defect in the sales contract of this case, and as well, the Defendant sold and disposed of the sales contract of this case to the other company.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 14,100,000,000, and damages for delay, which the Plaintiff agreed to deliver to the Plaintiff the purchase price of KRW 12,100,000 under the instant sales contract, and KRW 2,00,000,000, in total, of the sales price of the instant medium and medium-sized land.

B. As to the judgment on the defendant's defense, the defendant promised to provide the defendant with a "one-year guarantee for the use of the Taesanex," "printed output at least 200 meters," and "profiling file regardless of the type of excess" at the time when the plaintiff entered into the contract of this case, for one-month test use period."

유사 판례

-서울북부지방법원 2016.09.07 2014가단116322

-서울북부지방법원 2017.10.18 2016나36476

-대법원 2001. 1. 30. 선고 98후2580 판결

-서울중앙지방법원 2017.01.13 2015가합519391

-서울중앙지방법원 2017.10.25 2017나44406