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(영문) 광주지방법원 2017.11.28 2017가단513304
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 35,468,00 and the interest rate of KRW 15% per annum from April 15, 2017 to the date of complete payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments in subparagraphs 1 through 3, the Plaintiff, on June 23, 2016, remitted the amount of KRW 50 million to the Defendant after concluding a sales contract with the Defendant for the goods to be supplied with by-products, etc. by-products, etc. by-products, etc. by-products. According to Articles 3 and 5 of the above sales contract, “If the amount of work is reduced for more than one week, the contract is terminated by the Defendant; the Defendant deposits the remainder in cash to the Plaintiff; and the Defendant notifies the Plaintiff in writing at least 30 days prior to the occurrence of the cause for termination of the contract; the Defendant failed to supply the amount of work agreed for more than one week to the Plaintiff; on such ground, the Plaintiff sent the Defendant with a proof of the remaining contents on January 16, 2017. According to the above recognition, the sales contract between the Plaintiff and the Defendant was terminated at around 2017 due to the Defendant’s failure to supply the agreed work.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 35,468,00 in advance, excluding the amount that the Plaintiff received from the Plaintiff out of the advance payment of KRW 50 million, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 15, 2017 (the day following the delivery date of the complaint) to the day of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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