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(영문) 창원지방법원 2018.09.20 2017나6010
매매대금
Text

1. All appeals against the Defendant (Counterclaim Plaintiff) and the counterclaim claims added in the trial are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Defendant’s payment of the purchase price 1) On November 12, 2012, the Defendant is the Plaintiff’s concrete pumps C (hereinafter “instant construction machinery”).

A contract for the purchase of KRW 222,750,00 (including value added tax) was concluded with the following content: - The amount of KRW 52,500,000 for the equipment price of KRW 52,50,000 for the delivery of KRW 50,000 for the delivery of KRW 50,000 for the equipment price of KRW 202,50,000 for the principal (not later than May 30, 2013 for the self-return of KRW 20,250,00 for the value of KRW 20,250 for the return of the Plaintiff after refund) - Article 1 (Refund of the Plaintiff after Refund)

2. The installment: 1) The Defendant shall pay the down payment to the Plaintiff at the time of the conclusion of this contract, and the balance of the installments determined after the delivery of the goods shall be paid on the date of payment. - In the case falling under any of the following subparagraphs, the Defendant shall, even without a separate notice, such as the Plaintiff’s prior peremptory notice, lose the benefit of the obligation under this contract and pay the balance of the obligation to the Plaintiff at once. 2. Where the Defendant delays or fails to perform the obligation under Article 1, Article 11 (Deferred Interest): Where the Defendant delays the performance of the obligation under this contract, the overdue interest rate from the due date to the due date to the due date shall be paid to the Plaintiff; and the overdue interest rate shall be added to 24% per annum from November 11, 2012 to May 2, 2014, the Defendant paid the Plaintiff KRW 211,424,70, out of the purchase price of the construction machinery in this case to the date of payment.

3) Meanwhile, the Defendant supplied parts from the Plaintiff during the period from February 14, 2017 to April 4, 2017, and did not pay KRW 364,980 to the Plaintiff out of the price. (B) On November 20, 2012, the Plaintiff issued an electronic tax invoice stating the Defendant’s resident registration number on the instant construction machinery as the Defendant’s individual person.

2. The plaintiff.

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