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(영문) 광주지방법원 순천지원 2018.04.19 2017가단73850
물품대금
Text

1. The Defendant’s KRW 74,930,90 for the Plaintiff and KRW 6% per annum from April 10, 2017 to January 19, 2018.

Reasons

1. Indication of claim;

(a) Mine Co., Ltd. is a company that has been awarded a contract for a project related to KM1511/KPC A- Proj from goldho Petroleum chemical;

(A) The Defendant is a company established in installments from Mayoung Co., Ltd. and succeeded to the rights and obligations relating to the business of Mayoung Co., Ltd. (hereinafter referred to as the “Defendant”). (b)

On March 28, 2016, the Plaintiff entered into a contract for the supply of the goods under the Activ (hereinafter “instant 1 contract”) with the Defendant and completed the supply, and thereafter, supplied all goods to which additional orders were made at the Defendant’s request; ② on April 21, 2016, the Plaintiff entered into a contract for the supply of TFO LIND PING (hereinafter “instant 2 contract”) with the Defendant and completed the supply; ③ on August 30, 2016, the supply was completed under the PFA Limited Valve Supply Contract (hereinafter “instant 3 contract”) with the Defendant.

(hereinafter “instant third contract”). C.

Nevertheless, the Defendant does not pay KRW 25,960,00 among the goods price under the instant contract No. 1, and KRW 13,750,000 among the goods price under the instant contract and KRW 26,40,000 among the goods price under the instant contract No. 2, and KRW 8,820,90 among the goods price under the instant contract No. 3.

(The above amount is both value-added tax and value-added tax). The plaintiff filed a claim for the payment of the above amount to the defendant several times, but the defendant failed to pay the due date bill on April 10, 2017, while the defendant did not comply with the claim.

Therefore, the Defendant is obliged to pay the Plaintiff the total amount of KRW 74,930,900 (=25,960,000 won) and damages for delay (26,400,000 won).

2. Judgment on deemed confession under Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of Acts, and the defendant is only a formal objection after being served with the original copy of the payment order of this case.

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