(영문) 대구지방법원 2014.11.11 2013가단46778

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(영문) 대구지방법원 2014.11.11 2013가단46778

매매대금

Text

1. Defendant C’s KRW 50,000,000 as well as 5% per annum from November 5, 2013 to November 11, 2014, respectively, to the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff Defendants purchased L/G type one (hereinafter “instant sex instrument”) from the Plaintiff, and paid 1.3 million won as the price for the purchase, and agreed to pay 80 million won at the same time as the contract was concluded, and the remainder was to be paid at the time of the instant sex instrument on June 20, 201, and the Defendant did not pay the remainder of 50,000,000 won even if the Plaintiff transferred the instant sex instrument, and thus, the Defendant is obliged to either pay the balance of the purchase price or compensate for damages arising from nonperformance of the obligation.

[The plaintiff shall be liable to pay the balance of the purchase price (compensation due to failure to pay the plaintiff) and damages for delay, as stated on September 5, 2014, as stated on September 23, 2014.] (The plaintiff shall be liable to pay the balance of the purchase price (compensation due to failure to pay the plaintiff) and the damages for delay] (the two pages of the preparatory brief dated September 5, 2014.

1) Defendant B did not enter into a contract with the Plaintiff to purchase the instant sex organ. (2) It is true that Defendant C purchased the instant sex organ from the Plaintiff and paid KRW 80 million out of the purchase price of KRW 130 million and did not pay KRW 50 million.

However, "in the sales contract," the type of scarcity(s) owned by the defendant C is 550 tons or less, '50 tons or less'.

B When the Plaintiff purchased 50 million won, appropriated the purchase price for the contract deposit, and transferred 850 tons of the 2nd unit to 850 tons of the 800 tons of the 550 tons of the 550 tons of the 2nd unit at the Plaintiff’s factory, the Plaintiff decided to pay the mobile costs of the said 2nd unit to Defendant C, and did not accept 550 tons of the 550 tons of the 2nd unit.

In other words, Defendant C paid KRW 80,000 to the Plaintiff, and KRW 50,000 to the 550 tons to be replaced by the 550 tons to the Plaintiff (only the Plaintiff did not accept it).

2. The case.

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