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(영문) 의정부지방법원고양지원 2016.11.30 2016가단71825
물품대금
Text

1. The Defendant’s KRW 79,206,161 as well as 6% per annum from January 14, 2016 to February 11, 2016 to the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied the Defendant with the total amount of KRW 98,758,348,00, including the total amount of KRW 8,316,00 from August 2014 to November 1, 201, the Plaintiff supplied the Defendant with the goods worth KRW 19,552,187, among which the amount of KRW 19,552,187 was settled, and the attempted amount of KRW 79,206,161 remains.

The time when the plaintiff made a transaction with the defendant is 407,835,828 won for the supply of goods from August 2014 and 487,041,989 won for the supply of goods from the defendant.

The Defendant’s payment from August 2015 to November 201 is a settlement for the supply portion from June 2015 to August 2015.

Therefore, the defendant is obligated to pay to the plaintiff KRW 79,206,161 and delay damages.

B. The Defendant’s assertion is KRW 100,830,928, while the Defendant paid KRW 103,40,000 to the Plaintiff and returned KRW 8,359,340 to the Plaintiff, the Defendant did not have any attempted payment to the Plaintiff.

2. Determination

A. In full view of each of the statements in Gap evidence No. 1 and No. 9 submitted by the plaintiff, the plaintiff supplied goods to the defendant from August 2014 to November 2015, and the remaining balance of the goods that were not paid was 79,206,161.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff 79,206,161 won and 6% per annum under the Commercial Act from January 14, 2016 to February 11, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that there was no attempted amount to pay to the Plaintiff, but it is recognized based on the aforementioned evidence. The Defendant’s payment of KRW 103,400,000 to KRW 8,359,340 to KRW 11,00.

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