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(영문) 대전지방법원홍성지원 2019.09.18 2019가단364
물품대금
Text

1. The Defendant’s KRW 98,857,205 for the Plaintiff and KRW 15% per annum from January 15, 2019 to May 31, 2019.

Reasons

The Plaintiff supplied ready-mixed to the Defendant until 2018 and was not paid KRW 129,857,205, and the Plaintiff agreed on March 16, 2018 to be paid in installments by December 31, 2018, and the Plaintiff received KRW 31,00,000 from the Defendant around May 2018, there is no dispute between the parties.

According to this, the Defendant is obligated to pay to the Plaintiff 98,857,205 won (i.e., 129,857,205 won-31,000,000 won) and damages for delay calculated at the annual rate of 12% per annum under the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768) from January 15, 2019 to May 31, 2019, when it is apparent that the service date of the original copy of the instant payment order was the day following the service date of the original copy of the instant payment order) and Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).

Since the claim of this case is reasonable within the scope of the above recognition, it is accepted and the remainder is dismissed as there is no reasonable ground.

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