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(영문) 인천지방법원부천지원 2019.04.10 2019가단304

물품대금등

Text

1. The Defendant shall pay to the Plaintiff KRW 117,439,00 and the interest rate of KRW 15% per annum from December 8, 2018 to the date of full payment.

Reasons

The fact that the Plaintiff supplied gold materials to the Defendant from July 2017 to August 2018 and remaining KRW 117,439,000 for the remainder of the goods remains is without dispute between the parties. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is obviously following the date of delivery of a copy of the instant complaint sought by the Plaintiff from December 8, 2018 to the date of full payment.

As to this, the defendant suffered losses due to the defect in the gold materials supplied by the plaintiff, so it is insufficient to conclude that the evidence submitted by the defendant alone is defective in the gold materials supplied by the plaintiff, and there is no other evidence to acknowledge this. Thus, the defendant's above assertion is without merit without examining the scope of damages.

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.