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(영문) 서울중앙지방법원 2016.05.26 2015가합541695
물품대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 481,001,357 and the amount of KRW 437,804,016 from June 21 to the date of full payment.

Reasons

Facts of recognition

The Plaintiff supplied slabs, a total of 3,074,258,529 won, to the Defendant, on a total of 180 occasions from August 7, 2010 to December 2014, pursuant to the goods supply contract with the Defendant.

Upon entering into the above goods supply contract, the Plaintiff and the Defendant paid to the Plaintiff the price in cash within 60 days from the day following the date of issuance of the tax invoice (Article 1 of the Special Contract). If the Defendant delays the payment, the Defendant shall pay the interest for delay calculated at the rate of 20% per annum to the Plaintiff (Article 8(5) of the Goods Supply Basic Contract)

Since May 2014, the Defendant urged the Plaintiff to pay the price of goods in arrears several times. However, the Defendant, as stated in the attached Table, notified the Plaintiff to pay the price of the goods, the total amount of KRW 437,804,016 in total and KRW 43,197,341 in interest interest and KRW 43,197,341 in interest as stated in the attached Table [Attachment] [Attachment], as stated in the column for the total amount of interest in arrears, shall be KRW 43,197,342 in total and KRW 43,197,341 in interest as claimed by the Plaintiff.

There is no payment.

[Based on the fact that there is no dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 2-7, and the ground for a claim as to the purport of the whole pleadings, the defendant is obligated to pay the plaintiff interest for delay calculated at the rate of 20% per annum from June 20, 2015 to the day of full payment of the principal amount of KRW 437,801,357 as the price for the goods under the above contract for supply of the goods (=43,197,341 won as the interest for delay until June 20, 2015 sought by the plaintiff), and the principal amount of KRW 437,804,016 as the interest for delay calculated at the rate of 20% per annum from June 21, 2015 to the day of full payment.

In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting it.

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