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(영문) 부산지방법원 2017.09.07 2016가단22543
물품대금
Text

1. Defendant B shall pay to the Plaintiff KRW 33,138,40 and the interest rate of KRW 15% per annum from May 3, 2016 to the date of full payment.

Reasons

1. Basic facts

A. F and Defendant B shared 22 guest rooms on May 16, 2015 in the direction of 41, from among the 61st guest rooms of G 6-storys (hereinafter “instant cartels”) owned by Jinju City, which were newly constructed, on May 16, 2015, the registration of preservation of ownership for Defendant C, D, I (Defendant C’s spouse), and J (Defendant E’s spouse) was completed.

The sales contract of this case (hereinafter “the sales contract of this case”) entered into a contract for sale to the buyer. In the special agreement of this case, “Inasmuch as all equipment necessary for the internal facilities of new construction and the operation of the telecom, all equipment necessary are included in the purchase price, the buyer shall purchase and keep the equipment at the time of balance with the buyer’s cost and responsibility, and the buyer shall transfer and take over the equipment at the time of balance.”

B. After Defendant B completed the construction of the instant apartment complex, the instant sales contract was a contract under which Defendant C, D, and E delivers the parts purchased by Defendant C, D, and E with internal facilities and equipment, and the Defendants actually divided and operated the instant apartment complex. Since then Defendant B was unable to engage in the business of its own portion for health reasons, Defendant C, D, and E operated the instant apartment complex as a whole, and Defendant B received a certain amount of monthly rent from Defendant C, etc.

C. From September 10, 2015, Defendant C, D, and E began business upon delivery of the instant telecom from Defendant B.

On the other hand, the Plaintiff entered into a contract with Defendant B to supply the instant furniture (hereinafter “the instant supply contract”) (hereinafter “the instant furniture”), such as be used in the instant telecom, cremation, matre lease, cooperative deposit, and the table (hereinafter “the instant furniture”). On August 11, 2015, the Plaintiff supplied the instant telecom (56,149,500 won) to the instant telecom, and supplied it to the instant telecom.

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