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(영문) 의정부지방법원 2018.06.20 2017가단25345
물품대금
Text

1. The defendant shall calculate the amount of KRW 33,756,760 to the plaintiff at the rate of 15% per annum from September 8, 2017 to the day of full payment.

Reasons

According to the purport of Gap evidence Nos. 1 and 2 and the whole pleadings, the plaintiff is a company engaged in metal processing business. The defendant is a personal business operator who manufactures and sells three-dimensionals, and the plaintiff supplied processed goods to the defendant. As of December 28, 2015, the defendant's price for the goods to be paid to the plaintiff was KRW 37,256,760, and the fact that the remaining price for the goods as of February 13, 2017 was 33,756,760.

Therefore, the defendant is obligated to pay to the plaintiff 3,756,760 won for the above goods and damages for delay calculated at the rate of 15% per annum from September 8, 2017 to the day of full payment, which is clear that it is the day following the delivery day of the original copy of the payment order of this case sought by the plaintiff.

As to this, the Defendant asserted that the Plaintiff suffered damages equivalent to KRW 5 to 80 million due to the discontinuance of product production and sales by destroying the production drawings of the food washing machine produced by the Defendant, and thus, the Plaintiff cannot accept the Plaintiff’s claim. However, the Defendant’s assertion is difficult to acknowledge the Defendant’s assertion on the grounds that there is no other evidence to acknowledge it, and thus, it is not acceptable to accept the Defendant’s assertion.

If so, the plaintiff's claim of this case is justified and acceptable, and it is so decided as per Disposition.

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