beta
(영문) 서울서부지방법원 2019.06.07 2019가단204213

물품대금

Text

1. As to the Plaintiff KRW 135,049,00 and KRW 71,216,00 among them, the Defendant shall pay to the Plaintiff KRW 63,83,00 from July 1, 2018.

Reasons

1. Determination as to the cause of claim

A. A Co., Ltd. (hereinafter “A”) is a company that manufactures and sells electric power supply equipment for computers. The Defendant is a company that manufactures and sells the computer; A is a company that manufactures and sells the computer; and A supplies the Defendant with electric power supply equipment equivalent to KRW 71,216,00 on May 31, 2018; around June 30, 2018; provided the Defendant with electric power supply equipment equivalent to KRW 63,83,000 on the supply of goods from March 30, 2018; A has agreed between the Defendant and the Defendant as the end of the following month; A was decided on August 10, 2018; A was decided on commencement of rehabilitation procedures by the Suwon District Court 2018Da10044 on the basis of the Suwon District Court 2018, 1044 on August 10, 2018; the fact that the Plaintiff was appointed as a custodian of A; or the Plaintiff can be acknowledged as a whole oral argument based on the following evidence.

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 135,00 per annum from July 1, 2018, which is the day following the due date ( June 30, 2018) for KRW 71,216,83,000, and for KRW 71,216,000, which is the day following the due date ( June 30, 2018), and for KRW 63,83,000 from August 1, 2018, which is the day following the due date ( July 31, 2018) to the Plaintiff as to the existence and scope of each Defendant’s obligation to perform, barring special circumstances, to the extent of the existence and scope of each Defendant’s obligation to perform, 6% per annum under the Commercial Act until June 7, 2019, and 15% per annum from the following day until the due date until the due date is repaid.

The Plaintiff finally supplied goods to the Defendant and filed a claim for the payment of damages for delay from July 1, 2018, which is the day following June 30, 2018, for which A supplied electronic tax invoices to the Defendant.

However, as seen earlier, the fact that A and the Defendant agreed on the date of payment for the goods at the end of the following month in which the goods were supplied is as follows. As to the goods supplied on or around May 31, 2018, the Defendant was supplied from July 1, 2018 and from June 30, 2018.