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(영문) 인천지방법원 2017.05.17 2016가단36767
납품대금
Text

1. The Defendant’s KRW 78,064,200 for the Plaintiff and 6% per annum from January 23, 2016 to August 16, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff’s provision of goods, such as FCU, etc. to the Defendant from October 2, 2015 to January 22, 2016, and the fact that the remainder of the goods price as of January 22, 2016 constitutes 78,064,200.

According to the above facts, the defendant is obligated to pay to the plaintiff 78,064,20 won for the amount of goods and damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 23, 2016 to August 16, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's defense asserts to the effect that "the plaintiff cannot respond to the plaintiff's claim before completing the service and trial operation in clean, because there are defects in the products supplied by the plaintiff."

However, there is no evidence to acknowledge the above facts alleged by the defendant, and the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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