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(영문) 인천지방법원부천지원 2016.12.01 2016가단12337

물품대금

Text

1. The Defendant shall pay KRW 23,246,00 to the Plaintiff the annual rate of KRW 15% from June 4, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that manufactures and distributes elevator parts, and the defendant is a company that installs and manufactures elevators.

B. On November 25, 2013, the Plaintiff supplied the Defendant with elevator materials (MRL) equivalent to KRW 34,650,000, but the Defendant did not pay the above amount.

Accordingly, the Plaintiff filed a claim for the purchase of goods against the Defendant by this Court No. 2014Kadan16830, and received a judgment from the above court on August 20, 2014 that “the Defendant shall pay to the Plaintiff KRW 34,650,000 and delay damages therefor,” and the above judgment became final and conclusive around that time.

C. After March 11, 2014, the Plaintiff supplied the Defendant with elevator materials equivalent to KRW 27,511,000, but the Defendant did not pay the above amount.

In other words, the Plaintiff filed a claim for the purchase of goods against the Defendant in this Court No. 2014Gada47407, and the above court rendered a settlement recommendation on July 3, 2015 that “the Defendant shall pay KRW 19 million to the Plaintiff in two installments,” and the above decision became final and conclusive.

Around October 2015, the Plaintiff entered into a goods supply contract with the Defendant, and supplied elevator materials worth KRW 34,596,000 at the Defendant’s work site.

(hereinafter “instant goods supply contract”). The Defendant did not pay to the Plaintiff the remainder of KRW 27,596,000 (= KRW 34,596,000 - KRW 7,000) with the payment of KRW 2,000 on October 9, 2015 and KRW 5,00,000 on November 20, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant’s claim against the Plaintiff within the limit of KRW 27,596,00 as the price for the goods under the instant goods supply contract and the amount of KRW 23,246,000, which is the day following the delivery date of a copy of the instant complaint, shall be from June 4, 2016.