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(영문) 수원지방법원성남지원 2017.12.15 2017가단206280

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 46,199,925 and the interest rate of KRW 15% per annum from April 6, 2017 to the date of complete payment.

Reasons

The plaintiff, until January 31, 2017, supplied building materials to the construction site where the defendant was a corporation, such as the Madona de de and the Hael de and the Hael de and the U.S., for the determination of the cause of the claim. The fact that the construction materials were supplied to the construction site where the 46,199,925 won was not paid out of the price of supplied goods can be acknowledged or there is no dispute between the parties.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 46,199,925, and the amount of damages for delay calculated at the rate of 15% per annum from April 6, 2017 to the date of full payment, which is clear that it is the next day after the copy of the complaint of this case was served on the Defendant as requested by the Plaintiff, as a result of the supply date of the goods.

On July 20, 2016, the defendant's assertion is divided into an electronic bill of KRW 11,552,587 at par value and an electronic bill of KRW 24,688,123 at face value on December 20, 2016, and the aforesaid promissory note was endorsed on the electronic bill of KRW 24,68,123 at face value. The defendant asserts to the effect that the above promissory note was refused to pay due to the default of the issuer of Sungdong General Construction Co., Ltd. In relation to the performance of the existing obligation, the parties' intent at the time of delivering the promissory note to the creditor is to extinguish the existing cause obligation and to continue to exist only a new cause obligation, and a payment method for the existing cause obligation is to be made only for the so-called "payment" as the purpose of the security for the payment of the existing obligation, barring special circumstances.