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(영문) 인천지방법원 2017.05.24 2016가단224281

물품대금

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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 6% per annum from May 1, 2016 to June 9, 2016.

Reasons

1. Determination as to the cause of claim

A. On December 27, 2013, the Plaintiff entered into a contract with the Defendant to supply the attached goods necessary for the project related to the pre-use of piracy for power plants in Chile CoC (hereinafter “instant contract”) and to cooperate in the business related thereto (hereinafter “instant contract”).

(2) Around April 8, 2014, the Plaintiff supplied the Defendant with goods worth KRW 430,000,000, such as pumps, stops, and voltages, according to the instant contract.

3) The Plaintiff received 30,00,000 won in total from the Defendant around January 27, 2014, around September 30, 2014, including KRW 270,000,000, and KRW 40,000,000 around September 8, 2015. Accordingly, the amount of goods was 10,000,000 (= KRW 430,000,000 - KRW 3330,000,000). On December 20, 2015, the Defendant’s representative director prepared to pay the Plaintiff the amount of KRW 1,00,000,000,000 in total, up to April 30, 2016 (hereinafter “instant note”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, and 8, and the purport of the whole pleadings

B. According to the above facts of determination, since the balance of the goods price under the contract of this case is KRW 100,000,000, and the defendant agreed to pay it until April 30, 2016, the defendant is obligated to pay to the plaintiff the amount of KRW 100,000,000 for the goods price and the damages for delay calculated at the rate of 15% per annum under the Commercial Act from May 1, 2016 to June 9, 2016, which is the day following the due date of payment of the contract, from the date of delivery of the copy of the complaint of this case, until June 9, 2016.

2. The defendant's defense is merely a document prepared to be used for the plaintiff's internal settlement, and the due date for the payment of the goods under the contract of this case is to be settled by consultation again according to the schedule for the completion of the trial operation of the plant in Chile Co., Ltd., so the due date for the payment of the goods has not yet arrived.