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(영문) 의정부지방법원 고양지원 2018.07.18 2018가단4966
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 66,579,165 and the interest rate of KRW 15% per annum from June 1, 2018 to the date of full payment.

Reasons

1. Indication of claim: The plaintiff is engaged in the business of manufacturing and selling synthetic resin materials, etc., and the defendant is engaged in the business of manufacturing construction materials.

In 2015, the Plaintiff and the Defendant concluded a contract for goods supply for the entire diversing agents entering construction materials, etc. from 2015.

According to the above supply contract, the plaintiff supplied the above goods in accordance with the defendant's order, and the defendant paid the price for the goods supplied by the plaintiff after the end of each month (the end of each month).

The plaintiff supplied the above goods in accordance with the defendant's order and claimed the price for the goods to the defendant.

However, the Defendant, by October 2017, paid the balance of the delivered goods to KRW 66,579,165, and demanded payment from the Plaintiff on several occasions due to the Plaintiff’s failure to pay the balance. However, although the Plaintiff demanded payment on several occasions, the Plaintiff sent a certificate of demand for payment as of October 16, 2017, the Defendant consistently responded to the demand.

Therefore, the Plaintiff seeks 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day after the delivery of the complaint to the day of full payment.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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