logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.05.27 2015가단127231
기타(금전)
Text

The Defendant paid KRW 27,200,000 to the Plaintiff and 20% per annum from September 2, 2015 to September 30, 2015.

Reasons

According to the statement Gap 1-6, the plaintiff is a company established for the purpose of the settlement of shipment price and the fund management, etc., and the defendant is a company established for the purpose of agricultural product brokerage, etc., the plaintiff is a company established with the defendant around November 2013, and when the defendant purchases agricultural products from the shippers, the plaintiff shall pay the above agricultural products with the plaintiff's funds, and when the defendant purchases the agricultural products from the shippers, the plaintiff shall pay the above agricultural products in lieu of the plaintiff's funds. The defendant purchased agricultural products from the F&G, which is the Decree of the Bank in charge of the Korea Development Bank, and the plaintiff paid 27.2 million won of the shipment price to the F&G, which is the Decree of the Korea Development Bank in January 29, 2015 under the above contract.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the above payment agency fee of KRW 27.2 million and the damages for delay calculated by applying the rate of 20% per annum from September 2, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint of this case, to September 30, 2015, and 15% per annum from the next day to the day of complete payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter referred to as the "Act").

(A) The Plaintiff sought payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery date of the copy of the instant complaint to the day of complete payment. However, according to the revised Special Act on the Promotion, etc. of Legal Proceedings, the Plaintiff’s order to pay damages for delay calculated at the rate of 15% per annum from October 1, 2015 to the day of complete payment, and thus, the Plaintiff’s claim is not accepted. Thus, the Plaintiff’s claim is accepted within the scope of the above recognition, and the remainder is dismissed

arrow