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(영문) 대구지방법원 2020.12.18 2020가단135812

가공대금

Text

1. The defendant shall pay 86,375,000 won to the plaintiff and 12% per annum from September 15, 2020 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 7, the plaintiff provided the defendant with services, such as 376,695,00 won in total, from February 13, 2013 to July 23, 2020; the defendant paid the plaintiff the processing cost of KRW 285,320,000 in total from February 15, 2013 to April 10, 2020; and the defendant's purchase team leader C, the defendant's purchase team leader, on October 11, 2019, may recognize the fact that the plaintiff prepared and delivered a letter of commitment that the plaintiff will pay KRW 105,00,000 in total for unpaid processing cost as of October 11, 2019 to KRW 35,000 for the last day of every three months from October 23, 2019.

According to the above facts, the defendant is obligated to pay to the plaintiff 91,375,00 won for processing amount not paid to the plaintiff (=376,695,00 won - 285,320,000 won), as claimed by the plaintiff, 86,375,000 won and delay damages calculated at the rate of 12% per annum from September 15, 2020 to the day of complete payment, which is the day following the day of service of the original copy of the payment order of this case.

The defendant, while recognizing the facts of transaction with the plaintiff, submitted a written reply to the plaintiff's assertion that the plaintiff's argument is unilateral, but did not submit any evidence to acknowledge the defendant's argument, and was not present at the first date for pleading, and thus, the defendant's argument is not accepted.

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