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1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate of KRW 6% from May 3, 2016 to May 30, 2017.
Reasons
1. Determination on the cause of the claim
A. On December 15, 2012, Non-Party B Co., Ltd. (hereinafter “Non-Party Company”) and the Defendant concluded a sales contract with the Defendant for the hump drying machine (20HP 3, 30HP 3, hereinafter “instant machine”) at a place designated by the Defendant until December 27, 2012 (hereinafter “instant sales contract”).
The sales price of the instant sales contract was KRW 108,00,000, and the down payment was KRW 68,000,000 until December 17, 2012, and KRW 40,000 until December 17, 2013, the remainder was determined to be paid by the last day of December 2013, but the contract was amended to pay KRW 20,000,000 among the remainder divided into two occasions until October 31, 2013, and the remainder was paid by December 31, 2013.
[However, it is unclear that the time to revise the terms and conditions of the contract is unclear. C newly testified that the sales contract (the same as the evidence No. 11 and No. 1) to amend the terms and conditions of the contract was newly prepared at the expiration of ten days after the conclusion of the instant contract, but it is difficult to view that C modified the payment method of the remainder before September 17, 2013, in the agreement between the Plaintiff and the Defendant (the document No. 4; hereinafter referred to as “the document No. 4”) written by the Plaintiff and the Defendant, stating that “the date of preparation is indicated as September 17, 2013,” “the remaining amount of 40,000,000 won (the remainder date of the contract)” is written as “the payment method of the remainder before September 17, 2013.”
The testimony of the witness C on this part is difficult to believe.
[2] Around January 1, 2013, the non-party company completed the supply after completing the construction of the instant machinery. [The non-party company has a claim for the purchase price of KRW 108,00,00 against the defendant, as stated in the evidence Nos. 11, 12, 1, 2, 2-1, 2-2, 4, 3-3, 1, 3-2, and 4, and 3-3, 100,000.
B. The plaintiff is non-party (i.e., delivery of a collection order).