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(영문) 광주지방법원 2017.10.19 2017가합324
물품대금
Text

1. The Defendant’s KRW 169,313,553 as well as the Plaintiff’s annual 6% from April 16, 2017 to October 19, 2017, and the following.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) The Plaintiff is a company engaged in the manufacture and sales of steel, and around July 2016, to deliver steel (H beam) to the Defendant and the Plaintiff (hereinafter “instant supply contract”).

(2) The Plaintiff supplied the Defendant with steel equivalent to the total amount of KRW 572,547,976 (including surtax) according to the instant supply contract from July 2016 to November 2016, and the Defendant’s obligation to pay the unpaid amount of goods as of February 10, 2017 is KRW 194,313,553.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. On February 13, 2017, the delivery date of the original payment order of this case, the Plaintiff received KRW 5,00,000 from the Defendant as the price for the goods under the supply contract of this case on February 24, 2017, and KRW 10,000,000 on March 27, 2017, and KRW 10,000 on April 5, 2017. Meanwhile, since there is no circumstance to deem that the Defendant’s payment period for the goods payment obligation against the Plaintiff was determined under the supply contract of this case, the Defendant’s obligation for the goods payment to the Plaintiff should be deemed as the obligation without a fixed time period. Thus, since, in the absence of a fixed time period, the obligor is liable for delay when the Plaintiff demanded payment under the supply contract of this case to the Defendant under the supply contract of this case, and there is no evidence to acknowledge the payment order of this case between the Plaintiff and the Defendant’s payment order of this case and the Defendant’s payment order of this case.

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