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(영문) 대구지방법원 2020.10.08 2020가합203859

물품대금

Text

The defendant shall pay to the plaintiff KRW 348,854,721 as well as 6% per annum from January 1, 2020 to May 13, 2020 and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a fiber Do and retail business with the trade name of C, and the Defendant is a person who engages in textile trade business with the trade name of D.

B. The Plaintiff and the Defendant agreed to pay the goods to the Plaintiff at the end of the relevant month when the Plaintiff supplied the original team to the Defendant. Accordingly, around June 7, 2019, the Plaintiff began to supply the direct radiation source equivalent to KRW 4,090,680 to the Defendant at the direct radiation source equivalent to KRW 3,099, as shown in the attached Form until September 2, 2019, and supplied the direct radiation source equivalent to KRW 398,028,356 over 12 times in total as shown in the attached Form.

C. On June 11, 2019, the Defendant paid to the Plaintiff the total amount of KRW 49,173,635, including the amount of KRW 4,090,680, which was paid to the Plaintiff by September 9, 2019.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 15, purport of the whole pleadings]

2. According to the facts of determination, the defendant is obligated to pay to the plaintiff the amount of 348,854,721 won for the unpaid goods (=398,028,356 won - 49,173,635 won) and damages for delay at each rate of 6% per annum as provided by the Commercial Act from January 1, 2020 to May 13, 2020, the delivery date of a copy of the complaint of this case, and 12% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The plaintiff's claim of this case of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.