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(영문) 대전지방법원서산지원 2015.08.20 2015가합334

물품대금등

Text

1. The Defendant’s KRW 347,301,575 as well as 6% per annum from March 2, 2015 to June 29, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 14, 2014, the Plaintiff is a product made by mixing the remaining substances with cement lorg by refining steel lorries from the cement lorries to the Defendant at the construction site of Pyeongtaek lorg, which is a product made by mixing steel lorg in the proportion of approximately one to one to one to one to.

From November 15, 2014, Class 2 (KSL 5210) supplied 59,000 won per ton (excluding value-added tax) and entered into a contract to receive payment in cash within 60 days after cement supply.

B. From November 15, 2014 to December 28, 2014, the Plaintiff supplied the Defendant with a total of KRW 6,121.75 tons of cement, including value-added tax, and the price is KRW 397,301,575 (=value 361,183,250 value-added tax amount of KRW 36,118,325).

C. On February 16, 2015, the Plaintiff received KRW 50,000,000 from the Defendant out of the said payment.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 7 (including each number), and the purport of whole pleading

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 347,301,575 won (=397,301,575 won - 50,000 won - 50,000 won) accrued from the last date of payment after the last date of payment (20 days after December 31, 2014), and to pay damages for delay at each rate of 20% per annum as prescribed by the Commercial Act from March 2, 2015, which is clearly recorded that the delivery date of a copy of the application for change of purpose of claim and cause of claim, from March 2, 2015 until June 29, 2015, and from the next day to the day of full payment, to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.