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(영문) 대전지방법원논산지원 2020.04.01 2019가합2247

물품대금

Text

1. The defendant 214,198,283 won and its weight to the plaintiff

A. From August 13, 2018 to April 1, 2020, for KRW 173,698,283.

Reasons

1. From April 18, 2018 to the same year pursuant to a contract concluded with the defendant and entered into with the plaintiff, who conducts a production business of agricultural products to determine whether to claim the payment of the proceeds of gambling.

8. The fact that he/she supplied the Defendant with gambling equivalent to KRW 1,156,414,182 up to December, 12, and the fact that the Defendant’s unpaid amount was 173,698,238 as of the date of the closing of argument in this case does not conflict between the parties.

According to the above, the defendant is obligated to pay to the plaintiff the above amount of 173,698,238 won and damages for delay calculated from August 13, 2018, after the date of final supply, to the plaintiff, unless there are special circumstances.

(1) The Plaintiff paid KRW 20,00,000 to C Co., Ltd. (hereinafter “C”) on April 30, 2018, in full view of the following: (a) on May 8, 2018, the Defendant is obligated to pay only damages for delay calculated at the rate of 1.96% per annum, which is an average interest rate for ordinary deposits of the Defendant from around March 21, 2019; (b) on the ground that, barring any special circumstance, damages for delay calculated at the rate of law or contract from the expiration of the maturity period; and (c) on May 10, 2018, the Plaintiff paid KRW 20,000 to the Plaintiff on May 10, 2018; and (d) on the basis of the overall purport of the statement and arguments as indicated in subparagraphs 3 through 5 of Article 3 as to the claim for the return of advance payment, etc.; and (d) on May 10, 2018, the Plaintiff paid KRW 100.

The Plaintiff paid 20,000,000 won to C by requesting the Defendant to pay 20,000,000 won on behalf of the Defendant in an imminent situation, but received a return from the Defendant on May 10, 2018. As the realization of the land transaction with the Defendant was made on May 10, 2018, the Plaintiff received a refund of 120,50,000 won out of the advance payment of KRW 120,50,000 on the same day.