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(영문) 창원지방법원마산지원 2016.11.30 2016가단10233
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,323,251 and the interest rate of KRW 15% per annum from September 30, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant agreed to be supplied with the goods related to the windows from January 12, 2016 to August 16, 2016, provided the Plaintiff with the goods equivalent to the aggregate of KRW 220,96,90 ( KRW 2222,508,074 - KRW 1,541,174 carried forward for the preceding year) and paid the Plaintiff a total of KRW 199,15,900 ( KRW 200,697,074 - KRW 1,541,174 carried forward for the preceding year) as the price for the goods from February 19 to September 5, 2016.

B. On January 1, 2016, the Defendant agreed to lease a P3 factory located in Hanam-gun, Gyeongnam-gun and a machinery located in the foregoing factory (hereinafter “instant factory and the instant machinery”) with a lease deposit of KRW 20 million, monthly rent of KRW 5 million (excluding value-added tax, subsequent payment), from January 1, 2016 to December 31, 2016 (hereinafter “instant lease agreement”) and to pay the Plaintiff the electricity fee for the use of the said factory.

C. From January 1, 2016 to August 31, 2016, monthly rent and electricity charges under the instant lease agreement are KRW 84,295,200 ( KRW 94,903,304 - KRW 5,500,00 carried forward in the preceding year - KRW 5,108,104 in the preceding year). The Defendant paid the Plaintiff the monthly rent and electricity charges of KRW 51,282,949 ( KRW 61,891,053 - KRW 5,50,000 carried forward in the preceding year - KRW 5,108,108,104 in the preceding year). From February 5, 2016 to August 10, 2016, the Defendant paid the Plaintiff the monthly rent and electricity charges of KRW 5,108,104 in the preceding year.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence 1 to 4 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts as to the cause of the claim, the defendant's service of 21,81,00 won for the remaining goods (220,96,90 won - 19,155,900 won) and 33,012,251 won (84,295,200 won - 51,282,949 won) for the unpaid monthly rent and electricity charges from January 1, 2016 to August 31, 2016 sought by the plaintiff, and for each of them, 5,50,000 won for September 30, 2016 and 15% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 30, 2016 to the day after the original copy of the instant payment order was served.

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