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(영문) 부산지방법원 2017.06.30 2016가단65809
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,787,150 and the interest rate of KRW 15% per annum from November 10, 2016 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. According to the overall purport of evidence Nos. 1 and 2 and evidence Nos. 3-1 and 2, the Plaintiff is a company that operates concrete manufacturing business, etc., and the Defendant is a company that operates a construction business, etc., and the Plaintiff entered into an order for ready-mixed with the Defendant on May 16, 2016, and the Plaintiff entered into an order for ready-mixed with the Defendant on May 21, 2016, and supplied ready-mixed with the Defendant on a total of KRW 53,739,730 in accordance with the above contract during the period from May 21, 2016 to July 15, 2016, and there is no counter-proof.

B. Meanwhile, the Plaintiff is each a person who received KRW 20,952,580 on June 20, 2016 from the Defendant, and KRW 10,00,000 on August 30, 2016.

C. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of 22,787,150 won (=53,739,730 won - 20,952,580 won - 10,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 10, 2016 to the date of full payment, as sought by the Plaintiff.

2. The defendant, on June 20, 2016, made payment of KRW 20,952,580 to the plaintiff on June 20, 2016. Thus, the defendant's defense that the present amount remains only KRW 1,834,570. However, as seen earlier, the above amount is the fact that the plaintiff had already received payment from the defendant, and it is not an additional amount, and therefore the defendant's defense is without merit.

3. According to the conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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