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(영문) 서울동부지방법원 2020.09.03 2020가단3292
물품대금
Text

The Defendant’s KRW 45,00,000 and KRW 4,500,00 among them to the Plaintiff shall be from September 26, 2019, KRW 4,500,00.

Reasons

1. In light of the purport of the entire pleadings as to the evidence Nos. 3 and 4, the fact that the Plaintiff was unable to receive payment from the Defendant by April 2019 was KRW 134,502,663. On April 3, 2019, the Plaintiff and the Defendant agreed to pay the Plaintiff a total of KRW 135 million for 30,500,000 for 4.5 million each month on April 3, 2019, respectively (i.e., KRW 4., KRW 4.5 million x 30 months) and the balance at the time of real estate transaction, which is directly operated by the Defendant, at the time of the Defendant’s sales, at the time. If the Defendant delays the above obligation, the Defendant agreed to pay damages for delay calculated at a rate of 6% per annum to the Plaintiff on April 25, 2019 (hereinafter “instant agreement”); and (ii) thereafter, the Defendant did not recognize the Plaintiff a total of KRW 500,500,500.45.25

2. The Plaintiff asserts that the Plaintiff is liable to pay the remainder of KRW 12,02,63 (i.e., KRW 134,502,663 - 22,500,000) and damages for delay from September 1, 2019, since the Defendant paid only KRW 2,250,000,00 for the unpaid goods.

However, examining the contents of the agreement of this case, the plaintiff is aware of the fact that the plaintiff set the defendant a certain amount of 135 million won increased than the actual amount of the payment of the total amount of the payment of the goods, instead of giving the defendant a benefit of the time limit for the payment of the payment of the goods in installments. In this case where the defendant violated the obligation of the payment of the goods in installments, there is no assertion or proof as to the agreement for loss of the benefit of time (or the balance of the Gu's obligation) that he would pay the remaining amount of the payment in lump sum, the plaintiff cannot claim the payment

The direct sales store of the defendant under the contract of this case is sold.

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