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(영문) 부산지방법원서부지원 2020.07.08 2019가단103858
물품대금
Text

1. The Defendant’s KRW 196,288,965 as well as the Plaintiff’s KRW 15% per annum from April 4, 2019 to May 31, 2019.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 5 (including additional numbers) as to the cause of the claim, the plaintiff supplied gold parts (hereinafter "the goods of this case") to the defendant from February 24, 2018 to February 28, 2019. Since it is still recognized that the defendant has not yet been paid KRW 196,28,965 out of the price of the goods of this case as stated in the attached sheet, the defendant is obligated to pay to the plaintiff 196,28,965 won from April 4, 2019 to May 31, 2019 as the day following the delivery date of the copy of the complaint of this case, and to pay damages for delay at the annual interest rate of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3 (1) of the former Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 25196, May 26, 20197).

(A) The Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 15% per annum after June 1, 2019, but the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda, where the pleadings have been concluded after June 1, 2019, the former provisions apply 15% per annum until May 31, 2019, and 12% per annum under the amended provisions from June 1, 2019, respectively. 2. The Plaintiff’s claim for damages for delay is without agreement between the Plaintiff and the Defendant, and thus, the amount of the tax invoice unilaterally issued by the Plaintiff cannot be recognized as the price for the goods of this case.

In addition, the plaintiff provides the defendant with the goods of this case at a lower price of more than two to three times than other companies.

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