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(영문) 수원지방법원안산지원 2019.09.11 2019가단5000

물품대금

Text

1. The Defendant’s KRW 42,880,00 and the Plaintiff’s KRW 15% per annum from March 20, 2019 to May 31, 2019.

Reasons

1. From June 2018 to August 2018, the Plaintiff supplied the Defendant with the penalty of KRW 53,680,000 in total, including CJS-18052, 1805, 1806, 18070.

The Defendant paid the Plaintiff KRW 10,80,000,000, totaling of KRW 4,000,000 on August 15, 2018 and KRW 6,800,00 on December 11, 2018.

[Ground of recognition] Facts without dispute, A1, 2-1, 2-2, 3(i) (ii), 4, 5, 2-1, 2-2, and the purport of the entire pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder amount of KRW 42,880,000 (i.e., KRW 53,680,000 - KRW 10,800,000) as requested by the Plaintiff, 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 20, 2019 to May 31, 2019, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 15% per annum, and it was 12% per annum from June 1, 2019. Thus, the claim for delay damages for the period after June 1, 2019 is justifiable only within the amount calculated at the rate of 12% per annum, and the remainder is groundless.

3. The plaintiff's claim for conclusion is partly accepted within the extent of the above recognition.