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(영문) 대구지방법원서부지원 2014.10.17 2014가합3338
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 129,984,372 and the interest rate of KRW 20% per annum from August 5, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the printing business, etc. under the trade name of “C”, and the Defendant is a person who runs the sap manufacturing business, etc. under the trade name of “D”.

B. The Plaintiff supplied goods, such as packaging, to the Defendant from March 2007 to May 2014. However, the Plaintiff was not paid KRW 129,984,372 out of the price of the said goods.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1, and 2-2, the purport of the whole pleadings

2. According to the allegations and the above-mentioned facts, the defendant is obligated to pay the Plaintiff the amount payable to the Plaintiff, such as the above boxes, unless there are special circumstances.

In regard to this, the defendant asserts that the price for the goods of the above defect should be deducted from the account payable for the above defect since the goods supplied by the plaintiff are included in the defective goods, but it is not sufficient to recognize the existence of the defect in the goods supplied by the plaintiff only by the document of document No. 1, and there is no other evidence to acknowledge it, the defendant's above argument is without merit

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from August 5, 2014 to the day of full payment, which is the day immediately following the delivery date of the copy of the complaint of this case sought by the Plaintiff, as the amount payable to the Plaintiff KRW 129,984,372 and the day after the last supply date of the above goods.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.

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