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(영문) 부산지방법원 2016.07.19 2016가단30858
물품대금
Text

1. The Defendant’s KRW 86,550,969 for the Plaintiff and its related KRW 5% per annum from May 10, 2016 to July 19, 2016.

Reasons

1. Examining the determination of the parties’ assertion, in light of the overall purport of the pleadings as a whole, the Plaintiff supplied the Defendant with industrial equipment, such as V, to the Defendant during April 2016, and the outstanding amount that was not paid by the Defendant at present is 86,550,969.

Therefore, barring special circumstances, the defendant is obligated to pay the remaining outstanding amount to the plaintiff 86,50,969 won and damages for delay.

In regard to this, the Defendant asserts to the effect that the payment method against the Plaintiff is a settlement condition after 60 days after the end of each month, and that the Defendant’s debt amount to be paid at the time of the application for the instant payment order is KRW 67,768,63, which is the amount of unpaid payment until February 2016.

On April 21, 2016, the fact that the Plaintiff claimed together with the part on February 2, 2016, which became due at the time of the application for the instant payment order on April 21, 2016, and the fact that the method of payment between the original Defendant was 60 days after the closing of each month, as alleged by the Defendant, is not a dispute between the parties, and thus, the above argument by the Defendant is with merit.

However, as of the date of the closing of argument in the instant case, it is apparent that the deadline for the payment of the remaining outstanding amounts has arrived until April 2016, which the Plaintiff sought. Therefore, the Defendant’s above assertion is only considered in applying damages for delay as prescribed by the Act on Special Cases Concerning the Promotion, etc. of

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated on May 10, 2016, which is the day following the day when the original copy of the instant payment order was served on the Defendant for the foregoing KRW 86,550,969, and the amount of damages for delay calculated by the ratio of 5% per annum prescribed by the Civil Act to July 19, 2016, which is a considerable date for the Defendant to dispute about the existence or scope of the instant payment order, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day

2. According to the conclusion, the plaintiff's claim is justified within the scope of the above recognition.

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