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(영문) 서울남부지방법원 2020.09.03 2020가단211119
물품대금
Text

The defendant shall pay 168,00,000 won to the plaintiff and 12% per annum from March 6, 2020 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings as to the plaintiff's claim Gap evidence Nos. 1 and 12, the facts as to the reasons for the claim can be acknowledged.

(1) The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated on August 13, 202 by the day following the day on which the Plaintiff received advance payment and penalty equivalent to 20% of the purchase price, on the ground that the instant contract was lawfully rescinded pursuant to Article 9(3) of the above contract on the ground that the Defendant did not reply to the cause of the instant claim. According to the above facts, the Defendant is obligated to return advance payment to the Plaintiff and pay to the Plaintiff penalty equivalent to 141,877.8 ($ 110,349.40) equivalent to 168,00,000 ($ 141,87.8 x US$ 141,87.8 x 1,186 x 168,267,00 as of August 13, 2020) and damages for delay calculated on the following day by the date on which the Plaintiff received advance payment and penalty from the day on which the instant lawsuit was filed.

2. Conclusion, the plaintiff's claim is justified and acceptable.

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