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(영문) 대구지방법원 2017.07.05 2016가단121823
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from October 12, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 27, 2012, the Plaintiff purchased low temperature storage, ethylene removal and disinfection devices from the Defendant, and installed the said products at the low temperature storage level of the Plaintiff’s operating farmer.

B. On January 30, 2015, the Defendant concluded to pay to the Plaintiff KRW 50 million with the agreed amount, recognizing that there was a problem with the company with respect to the said device, and that there was an agreement, on January 30, 2015, the Plaintiff should pay KRW 50 million with the agreed amount.

The Defendant paid KRW 15 million out of the amount of this Agreement to the Plaintiff.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination:

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 35 million, which is the remainder as stipulated in the above agreement, and the damages for delay.

B. As to this, the defendant argued that the plaintiff did not have a legal obligation to pay the remainder of the agreed amount because the defendant agreed that the plaintiff would not be due to the defect of the product sold by the defendant, but due to the defect of the product in which the defendant sold, and that the plaintiff would be held liable for the intention of the defendant. However, there is no evidence to

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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