logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2017.08.31 2017가단5268
장비대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from April 19, 2017 to the date of complete payment.

Reasons

1. On May 2014, the Defendant is obligated to pay equipment costs and borrow money: (a) purchased cream equipment from the Plaintiff (TR500M 2001; hereinafter “instant cream”); and (b) unpaid KRW 45 million out of the price; and (c) the Defendant borrowed KRW 5 million from the Plaintiff on June 20, 2014. There is no dispute between the parties.

According to the above facts, the defendant is obligated to pay to the plaintiff 50 million won a sum of the money payable for purchase price and borrowed money of this case.

2. Judgment on the defendant's assertion

A. The defendant asserts that the damage amounting to KRW 60 million is offset against the plaintiff, since he/she suffered damage equivalent to KRW 33 million in total from each of the damages amounting to KRW 33 million in the cost of repair due to the occurrence of the electric uniform accident at the work site in Eunpyeong-gu Seoul on January 19, 2017, which occurred during the work site in Eunpyeong-gu Seoul, which was difficult for the defendant to take place due to the defects of the instant scrap, and that he/she has the damage claim amounting to KRW 93 million against the plaintiff.

The statements in the evidence Nos. 1 through 5 alone are insufficient to acknowledge that the Defendant had any defect or defect in the instant crane at the time of the Defendant’s purchase from the Plaintiff, and there is no other evidence to acknowledge it. Thus, this part of the Defendant’s assertion is without merit without further review.

B. Around the end of November 2016, the Defendant promised to deduct the Plaintiff from the purchase price the amount of KRW 30 million,000,000,000, not less than KRW 30,000,000 from the purchase price unless the Plaintiff’s price was calculated by the end of September 2017. However, the Defendant asserted that the purchase price of the instant equipment should be deducted from the purchase price; however, there is no evidence to acknowledge that the Plaintiff offered such a promise, and therefore, the said assertion is without merit.

3. Accordingly, the Defendant concluded that the Plaintiff is liable to pay KRW 50,000,000 to the Plaintiff as well as the following day after the due date, which is the day following the delivery date of the copy of the instant complaint, sought by the Plaintiff.

arrow