beta
(영문) 의정부지방법원 2020.01.15 2019가합1326

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 262,40,000 as well as 12% per annum from October 23, 2019 to the date of full payment.

Reasons

1. From September 2017 to July 31, 2018, the Plaintiff’s indication of the claim deducted the amount of KRW 545,00,000,000, which the Plaintiff was the person who was the recipient, from the price for goods manufactured and supplied in connection with “the construction of new business facilities for Gangseo-gu C business facilities” from the amount of KRW 807,40,000,000, for the remainder of KRW 262,40,000, and the claim for payment for delay damages.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.

3. As the provisions governing statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Partial Dismissal are promulgated on May 21, 2019 and enforced on June 1, 2019, only recognize damages for delay calculated at the rate of 12% per annum from the day following the delivery date of the original copy of the instant payment order to the day of full payment, and the excess portion is dismissed.

(However, the costs of lawsuit shall be borne by the defendant in accordance with Article 98 and the proviso of Article 101 of the Civil Procedure Act).