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(영문) 대전지방법원서산지원 2015.11.17 2015가단8331

물품대금

Text

1. The Defendant’s KRW 49,225,495 as well as the Plaintiff’s KRW 20% per annum from September 17, 2015 to September 30, 2015.

Reasons

According to the statements in Gap evidence Nos. 1 and 2 (including the number of branch numbers), the plaintiff entered into a contract with the defendant for supply of Scar, etc. and supplied the defendant with an amount equivalent to KRW 49,225,495, such as Scar on March 18, 2015, and the defendant did not pay the price for the goods to the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 49,225,495 won for the goods unpaid to the plaintiff and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 17, 2015 to September 30, 2015, which is the day following the delivery date of the original copy of the payment order of this case, and 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.

(A) Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Oct. 1, 2015) provides that statutory interest rate shall be 15% per annum from October 1, 2015. Therefore, the Plaintiff’s claim shall be accepted within the scope of recognition, and the remainder of the damages for delay shall be dismissed, but the costs of lawsuit shall be borne by the Defendant