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(영문) 의정부지방법원 2015.06.24 2015가합1779
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 216,078,077 as well as 20% per annum from February 14, 2015 to the date of full payment.

Reasons

1. Basic facts

A. After concluding a contract for the supply of electric equipment with the Defendant, the Plaintiff supplied electric equipment equivalent to KRW 366,089,064 from November 10, 2014 to January 26, 2015.

B. The Defendant paid to the Plaintiff KRW 28,55,340 on November 28, 2014, and KRW 22,368,637 on December 31, 2014 as the price for goods.

C. On December 31, 2014, the Plaintiff agreed to pay to the Plaintiff the amount equivalent to KRW 9,087,010, which was supplied as materials necessary for electrical construction performed by the Defendant under a subcontract from the Heavy Construction Co., Ltd. among the above goods.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay damages for delay at a rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 14, 2015 to the day following the day when the original copy of the instant payment order, which the plaintiff seeks, from the amount of KRW 315,165,087 (=36,089,064 - KRW 28,55,340 - KRW 22,368,637) minus the amount of debts he acquired by Heung Construction Co., Ltd. from the amount of KRW 9,08,010 (=315,165,087 - KRW 9,087,010), and to pay damages for delay at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 14, 2015 to the day of full payment.

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

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