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(영문) 광주지방법원 2020.05.12 2019가단20547

물품대금

Text

1. As to the Plaintiff KRW 98,190,00 and KRW 25,00,00 among them, the Defendant shall start from September 11, 2019 to March 20, 2020.

Reasons

The fact that the Plaintiff supplied a window to the Defendant and constructed it. The fact that the Plaintiff did not receive KRW 98,190,000 out of the price was not disputed between the parties. According to the evidence No. 1, the Defendant agreed to pay KRW 35,00,000 to the Plaintiff out of KRW 143,190,000, which was not paid to the Plaintiff on August 10, 2019, respectively, of KRW 143,190,000, and KRW 38,190,000 on November 10, 2019.

Therefore, with respect to the Plaintiff KRW 98,190,000 and KRW 25,00,000 among them, the Defendant is obligated to pay damages for delay calculated at the rate of 6% per annum from November 11, 2019 to the Plaintiff for KRW 35,00,000,00.

The Plaintiff claimed for the payment of damages for delay at the rate of 12% per annum from the day after the delivery date of the duplicate of the complaint in this case. However, the Plaintiff sought from the original complaint for the payment of damages for delay from August 13, 2019 to the total amount of KRW 98,190,000, and reduced the purport of the claim by the application for modification of the purport of the claim as of March 19, 2020. It is recognized that it is reasonable for the Defendant to resist the scope of its obligation until March 20, 2020 when the application for modification of the purport of the above claim was delivered to the Defendant. Thus, it does not apply to the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

The defendant defense to the effect that the amount corresponding to the failure of the plaintiff to repair the defects in the windows supplied and constructed by the plaintiff is offset. However, each video of the evidence No. 1 is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the defendant's defense is without merit.

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.