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(영문) 의정부지방법원 2019.03.21 2018가단126542

물품대금

Text

1. The Defendant’s KRW 69,795,491 as well as the Plaintiff’s annual rate from July 1, 2018 to August 10, 2018.

Reasons

1. The Plaintiff and the Defendant: (a) around April 2018, supplied the Plaintiff with excessive and other chemical compounds to the Defendant; and (b) the Defendant paid KRW 79,795,491 to the Plaintiff; (c) KRW 10,000 among them, KRW 23,00,000 as of April 30, 2018, and KRW 23,000 as of May 25, 2018, respectively; and (d) agreed to pay the remainder by June 30, 2018; (c) thereafter, the Plaintiff supplied the Defendant with excessive and other chemical compounds to the Plaintiff on May 3, 2018; and (d) the fact that the Defendant paid KRW 10,00,00 as the price of goods to the Plaintiff on May 3, 2018 does not conflict between the parties; or (d) the purport of the entire pleadings is recognized by comprehensively taking account of each evidence No. 1, No. 2, and No. 3.

According to the above facts, the Plaintiff is obligated to pay to the Defendant the amount of 69,795,491 won (=79,795,491 won - 10,000 won) and damages for delay calculated by the rate of 5% per annum under the Civil Act from July 1, 2018 to August 10, 2018, which is the day following the date of service of the payment order in this case, and from the next day to the day of full payment, 15% 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.

2. The defendant's argument regarding the defendant's assertion is difficult to find that there is a defect in the goods supplied by the plaintiff, and there is no other evidence to deem otherwise.

Therefore, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.