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(영문) 수원지방법원 안산지원 2018.10.05 2018가단61683

물품대금

Text

1. The Defendant’s KRW 37,645,020 as well as its annual 6% from June 15, 2018 to June 28, 2018, and the following.

Reasons

1. From September 25, 2017 to November 9, 2017, the Plaintiff supplied the textile yarn to the Defendant. The fact that the cost unpaid as of the date of the closing of argument in this case was 37,645,020, and the fact that the cost was not paid as of the date of the closing of argument in this case can be acknowledged either in dispute or in full view of the purport of the entire pleadings set forth in Gap evidence Nos. 1-4 (including the paper number).

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 37,645,020 payable to the Plaintiff and the delay damages.

2. The defendant's argument regarding the defendant's argument is scheduled to file a petition for bankruptcy, and thus, it is not possible to accept the plaintiff's claim. However, the defendant's argument cannot be accepted merely because the petition for bankruptcy was filed.

3. Conclusion, the Defendant is obligated to pay to the Plaintiff 37,645,020 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 15, 2018, which is the date of service of the original copy of the instant payment order, to June 28, 2018, which is the date of service of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning and it is so decided as per Disposition.