logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.09.06 2016가단100666
매매대금
Text

1. The Defendant’s KRW 34,920,00 for the Plaintiff and KRW 5% per annum from February 2, 2016 to September 6, 2017.

Reasons

1. Facts of recognition;

A. On September 15, 2015, the Plaintiff entered into a contract under which the Defendant sells a Dagnering machine (850 tons) (hereinafter “instant machine”) to the Defendant (hereinafter “instant contract”) at KRW 250,000,000,000 (hereinafter “instant machine”).

The main contents of the instant contract are as follows.

- The defendant shall pay 20 million won when the contract was entered into, 150 million won when the machinery was released, and 80 million won within 2 days after the machinery arrive after the machinery arrive.

- The plaintiff delivers goods to the defendant's factory (B) until October 4, 2015.

- The costs of decomposition, commercial rent and transportation shall be borne by the plaintiff and the plaintiff shall be responsible when they are destroyed by decomposition.

- Installation and trial operation costs shall be borne by the Defendant.

B. On the same day, the Defendant concluded a contract with C Co., Ltd. to resell the instant machinery in KRW 260 million and deliver it to October 15, 2015. As to the Defendant’s remaining goods and compensation for delay in performance, this contract set forth KRW 1.5 million per day until 30 million per day, and KRW 1.8 million per day when exceeding 30 days per day.

C. The Defendant paid the Plaintiff KRW 210 million in total with down payment, intermediate payment, etc. under the instant contract.

The Plaintiff delivered the instant machinery to the Defendant’s factory on October 4, 2015, which was the agreed date.

Then, on October 18, 2015, the Defendant resold the instant machinery and delivered it to several C.

E. However, the Plaintiff’s negligence in the course of transporting the instant machinery to the Defendant’s factory destroyed monitoring of the machinery (scambin, tampin, liquid, and printed circuit board).

Accordingly, the defendant would pay the balance of 40 million won of machinery and value-added tax of 25 million won after deducting the repair cost which will be finally determined.

F. The Defendant accepted a damaged monitor by requesting D.

In addition, it is the name of compensation such as profit-making for the delayed operation of machinery.

arrow