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1. The Defendant’s KRW 99,974,570 for the Plaintiff and KRW 6% per annum from February 1, 2016 to February 14, 2020 for the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person established in the British Military System, and is engaged in the export business of equipment with its office in Hong Kong and Kazakhstan, and the Defendant is a company engaged in the manufacturing facility business of industrial machinery.
B. The Plaintiff’s representative director C operated “D” (hereinafter “D”) as well as the Plaintiff, and “D” was liable for the Defendant due to the transactional relationship with the Defendant.
C. On December 2, 2015, the Plaintiff prepared a sales contract with the Defendant that sells the following heavy equipment to the Defendant at the display price:
(2) The following: (a) The Plaintiff and the Defendant: (b) the sales contract for the instant heavy equipment was concluded between the Plaintiff and the Defendant regarding the instant heavy equipment; and (c) the term “the instant sales contract” includes the quantity of the following heavy equipment; and (d) the term “USD” is indicated as “USD”; and (c) the term “USD” is indicated as “USD” only; (d) the term “USD” is 245,000 shipment price (USD) at 15,000 shipment price (USD) at 15,000 shipment price (USD) at 245,000 for 45,000 for 45,000 for 245,000 for 145,000 for 40,000 for 40,000 for 145,000 for 145,000 for 40,000 for 140,000 for 10 or 40
D. Under the instant sales contract, the buyer determined that the seller should pay USD 100,000 to the seller within seven days from the date of shipment of the instant equipment, USD 100,000 to December 31, 2015, and USD 160,000 to January 31, 2016.
E. Around January 15, 2016 to January 20, 2016, the Plaintiff handed over the Defendant KRW 2-5,000 to the Defendant. The Defendant paid USD 25,00 on February 24, 2016, and USD 35,000 on March 24, 2016 to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap 1-6 evidence (including virtual number), the purport of the whole pleadings
2. The parties' assertion
A. At the time of the instant sales contract for Plaintiff 1, the amount of debt to the Defendant “D” at the market price of the instant equipment.