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(영문) 수원지방법원 2015.05.14 2014가단45184
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,00,000, and KRW 5% per annum from July 1, 2014 to May 14, 2015, and shall be repaid from the day on which the Plaintiff is fully paid.

Reasons

1. Basic facts

A. The Plaintiff (B) and the Defendant concluded a sales contract for painting machinery as follows:

The date of a sales contract: The date of delivery on March 1, 2014: the object of sale on March 18, 2014: KJE 6500-type Roco (hereinafter “the instant new machinery”) purchase price: 59 million won (including value added tax); 30% on the date of the contract; 40% on the date of an intermediate payment promise; and 30% on the remaining remaining 30% on the date of delivery: The date of delivery on March 3, 2014: the object of sale on March 10, 2014: the object of sale: SJEng Roco (hereinafter “the instant used machinery”): the purchase price of KRW 17.5 million:

B. Meanwhile, the sales contract of the instant new machinery also states that “45 degrees of brooms include installation of brooms as well as brooms for brooms.”

C. The Plaintiff supplied used machines of this case on March 10, 2014, and manufactured and supplied the instant used machines on March 29, 2014.

The Defendant paid 10 million won of down payment among the proceeds of used machines in the instant case, and 7 million won of down payment among the proceeds of new machines in the instant case.

E. Meanwhile, the Plaintiff supplied the instant new equipment, and received a request for repair from the Defendant, and repaired the instant new equipment on about 20 occasions between April 1, 2014 and May 12, 2014.

F. On May 12, 2014, the Plaintiff (her husband C, the agent of the Plaintiff), upon receiving the Defendant’s request for repair of the instant new equipment, prepared a protocol agreement with the Defendant, and submitted it to the Defendant, and requested the delivery of the instant new equipment, but the Defendant did not comply therewith.

“To call the product and complete the supply of the product by May 15, 2014, as a result of the low-cost use of the product supplied on March 29, 2014, B KJE-type 6500 Eicota, i.e., e., i., e., i., f., f., i.e., f., i., e., f., i., e., f., i. e., i., i. e., i., i. e., i., ii. i

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