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(영문) 수원지방법원 2019.10.02 2018가단29043
물품대금
Text

1. The Defendant’s KRW 19,951,478 as well as the Plaintiff’s KRW 15% per annum from October 6, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that produces and sells tin food, namely, a company that concludes an OEM production contract with the Defendant, and produces tin food from November 20, 2017 to March 31, 2018.

B. As of May 8, 2018, the price for the goods that the Plaintiff was not paid was KRW 182,365,708, or KRW 162,414,230 among the above claims against the Plaintiff against the Defendant by C, a creditor of the Plaintiff, upon receiving a seizure and collection order (U.S. District Court Sungnam Branch 2018TT 57406), and collected the said money.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 19,951,478 (i.e., KRW 182,365,708 - KRW 162,414,230) and damages for delay calculated at each rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 6, 2018 to May 31, 2019 (the interest rate before amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings), from the following day to the day of full payment (the interest rate after amendment of the above provisions) to the day of full payment.

3. Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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