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(영문) 의정부지방법원 2016.01.22 2014가합7305

물품대금

Text

1. The Defendant’s KRW 150,614,750 for the Plaintiff and KRW 5% per annum from December 29, 201 to September 24, 2015.

Reasons

1. In full view of the following facts: (a) there is no dispute between the parties to the facts of recognition; or (b) comprehensively taking account of the overall purport of the pleadings as to the entries in Gap evidence Nos. 1 through 3 and Eul evidence No. 1-1; (c) the Plaintiff engaged in a sedi manufacturing business with the trade name of "C", supplied sediments, etc. to the Defendant who engages in a household wholesale and retail business with the trade name of "D"; and (d) the fact that the amount of goods unpaid by the Defendant as of December 28, 201

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 150,614,750, and damages for delay calculated at the respective rates of 15% per annum from the next day of the date of payment to September 24, 2015, which are clear that the delivery date of a copy of the claim and the application for modification of the cause of the claim in this case, which the Plaintiff seeks from December 29, 201, which is the date of the Plaintiff’s request for reimbursement from September 24, 2015, 5% per annum as stipulated in the Civil Act, 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until September 30, 2

The main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is amended from October 1, 2015 to 15% per annum from October 1, 2015 to 20% per annum, and the Plaintiff’s claim is dismissed for payment in excess of the amount of delay damages calculated at the rate of 15% per annum after October 1, 2015.

In regard to this, the defendant has a defense to the effect that the facts of transaction with the plaintiff are recognized, but it is not reasonable to acknowledge it, since there is no evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.