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(영문) 수원지방법원성남지원 2020.11.27 2020가단819
물품대금
Text

The defendant paid KRW 58,903,253 to the plaintiff as well as KRW 6% per annum from August 17, 2019 to December 20, 2019.

Reasons

1. The Plaintiff, as to the cause of the claim, supplied the Defendant with steel materials, etc. equivalent to a total of KRW 383,197,596 from April 2015 to August 16, 2019, and the Plaintiff received total of KRW 324,294,343 from the Defendant from 2015 to 2019, and the fact that there remains the unpaid amount of KRW 58,903,253 as of the date of payment of the goods from the Defendant, may be recognized by adding the overall purport of the pleadings as set forth in subparagraphs A and 5.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 58,903,253 won and delay damages at the rate of 6% per annum under the Commercial Act from August 17, 2019, which was after the date of payment, to December 20, 2019, which was served on the defendant with the original copy of the payment order in this case, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

(Plaintiff claimed damages for delay from August 16, 2019 on the price of the above goods, but damages for delay on the price of the above goods shall be deemed to have accrued from August 17, 2019, which is the day following the date of the Plaintiff’s final supply. Accordingly, the Defendant asserted that the Plaintiff paid additional damages for delay on or around December 2, 2016, KRW 2,000 out of the price of the above goods. The Defendant claimed that the Plaintiff paid additional damages for delay on or around June 28, 2017.

The defendant transferred KRW 20,00 to the plaintiff around December 2, 2016, but the fact that the plaintiff transferred the money to the other company C at the defendant's request that the plaintiff transferred it to the other company C is not a dispute between the parties. Furthermore, there is no evidence to recognize that the plaintiff transferred the money to the other company C, but there is no evidence to support that the plaintiff paid the money at a discount or exemption, and the plaintiff claims the remainder of the money paid by the defendant on June 28, 2017, except for KRW 37,897,723, and therefore the above argument by the defendant

2. The plaintiff's claim for the conclusion is justified, and this is accepted.

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