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(영문) 창원지방법원거창지원 2020.05.19 2019가단1300

약정금

Text

1. The Defendant’s KRW 129,643,510 for the Plaintiff and KRW 6% per annum from September 4, 2019 to November 4, 2019.

Reasons

Facts of recognition

A. The plaintiff is a person engaged in the textile manufacturing business, and the defendant is a person engaged in the manufacturing business, such as textile machinery, with the trade name "C".

B. The Plaintiff received raw materials from the Defendant by December 31, 2018, and processed poly Esteher et al. (hereinafter “instant fiber”). On September 3, 2019, the Defendant paid only KRW 3,000,000 to the Plaintiff on September 3, 2019, and did not pay the remainder of KRW 129,643,510 to the Plaintiff.

[Grounds for recognition] According to the above facts of determination as to the reasons for the claim as to Gap evidence Nos. 1 through 5 and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff 129,643,510 won of processing price and damages for delay calculated by the ratio of 12% per annum as stipulated in the Commercial Act from September 4, 2019 to November 4, 2019, the date of service of a copy of the complaint of this case, as requested by the plaintiff, from September 4, 2019 to November 4, 2019, the date of service of a copy of the complaint of this case, and from the next day to the date of full payment.

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