beta
(영문) 서울북부지방법원 2016.07.05 2016가단100987

물품대금

Text

1. The Defendant’s KRW 19,946,435 for the Plaintiff and KRW 5% per annum from October 1, 2015 to April 19, 2016.

Reasons

1. According to the facts stated in Gap evidence Nos. 1 through 8, and Eul evidence No. 1, there is no dispute between the parties to the judgment as to the cause of the claim, or according to the plaintiff's provision of clothing supplementary materials equivalent to KRW 29,946,435 to the defendant on June 16, 2015, and the defendant agreed to pay the plaintiff the price for the above goods by September 30, 2015, and the defendant can be recognized to have paid KRW 10 million out of the price for the above goods on November 30, 2015. Thus, the defendant is obligated to pay the plaintiff the price for the goods unpaid to the plaintiff KRW 19,946,435 and the damages for delay calculated at the annual rate of 5% as stipulated in the Civil Act from October 1, 2015 to April 19, 2016, which is the date following the due date for the payment of the above contract.

The defendant asserts that the plaintiff's provisional attachment of the defendant's claim for the price of goods against B, and at the same time the above unpaid goods will be paid. However, there is no ground to view that the defendant's obligation to pay the price of goods and the plaintiff's obligation to withdraw the application for provisional attachment or cancel the execution of provisional attachment is a simultaneous performance relationship

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.