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(영문) 인천지방법원 2016.11.09 2015가단73417
물품대금
Text

1. The Defendant’s KRW 70,400,000 as well as 6% per annum from May 1, 2014 to December 8, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. According to the purport of Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the whole pleadings, the following facts are acknowledged:

1) The Plaintiff is a company engaged in the manufacturing of electricity and electronic equipment, and the Defendant is a company engaged in the manufacturing of visual and electronic products and the manufacturing of electrical parts. 2) On March 3, 2014, the Plaintiff and the Defendant supplied and installed gold temperature control devices, HOT RNER COMTRALER, VALE COTRALER (hereinafter “instant machinery”), and the Plaintiff was paid KRW 64,00,000 (value added tax separate) for goods.

3) The Plaintiff supplied and installed the instant machinery to the Defendant, and issued an electronic tax invoice on April 21, 2014, and approved it by the Defendant. (B) According to the aforementioned facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70,400,000 for goods (i.e., KRW 64,000 for goods, KRW 6,400,000 for value-added tax of KRW 64,000 for goods, and for this, KRW 6% per annum under the Commercial Act from May 1, 2014 to December 8, 2015, which is the delivery date of the original copy of the instant payment order, and damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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