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(영문) 대구지방법원포항지원 2017.04.04 2016가단9931
레미콘대금
Text

1. The Defendant’s KRW 73,423,830 as well as the Plaintiff’s annual rate of KRW 6% from August 1, 2015 to December 6, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the business of manufacturing, processing, and selling ready-mixeds, and the Defendant is a company engaged in soil construction business, reinforced concrete construction business, packing maintenance and repair business, etc.

B. The Plaintiff supplied the Defendant with ready-mixed equivalent to the sum of KRW 73,423,830 as follows, but still failed to receive the above ready-mixed amount.

The period of field name shall be from December 4, 2014 to May 16, 2015, 2015, 18,485,940, 2,643,740 won to 2,643,740 won to 73,830 won from June 3, 2015 to July 1, 2015 (based on recognition) Party A’s entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings, and the purport of the entire pleadings.

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of KRW 73,423,830 of the amount unpaid and the amount of delay damages calculated at the rate of 6% per annum prescribed by the Commercial Act from August 1, 2015 to December 6, 2016, the service date of the original copy of the payment order in this case, which is the service date of the original copy of the payment order in this case, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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