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(영문) 대구지방법원서부지원 2016.11.16 2016가단7658
철자재납품대금
Text

1. The Defendant’s KRW 48,997,00 for the Plaintiff and 6% per annum from December 1, 2015 to April 22, 2016.

Reasons

1. In full view of each statement in Gap evidence Nos. 1, 2, and 3 (including the number of each branch number), the plaintiff is a corporation that manufactures light steel and building materials, etc., and the defendant is a business entity that engages in construction works in the trade name of "B", and the plaintiff supplied the defendant with various construction materials, such as Click, Trick, Trick, and so on from July 2015 to November 30 of the same year and received payment as of the end of each month. The defendant did not pay the price of goods of KRW 48,97,00 by November 30, 2015.

(1) The Defendant asserted that the Plaintiff’s claim is overlapped or excessive in a written objection against the payment order. However, the account book prepared by arranging the details and amount of the goods supplied by the Plaintiff for each sale date and the entries of the tax invoice issued by the Plaintiff as of the last day of each month coincide with each other, while the Defendant did not submit the written reply or the legal brief specifying the error of the Plaintiff’s claim in detail, and did not appear on the date of pleading of the instant case). According to the judgment and the conclusion of the judgment and the above facts of recognition, the Defendant is liable to pay to the Plaintiff the amount of 48,97,000 won of the unpaid goods and the damages for delay at each rate of 15% per annum as prescribed by the Commercial Act from December 1, 2015 to April 22, 2016 of the date when the original copy of the instant payment order was delivered to the Defendant, from the next day to the date of full payment.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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