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(영문) 서울동부지방법원 2015.04.24 2014가합343
물품대금
Text

1. The Defendant’s KRW 50 million to the Plaintiff and the Plaintiff’s 5% per annum from July 3, 2012 to December 17, 2013.

Reasons

1. Facts of recognition;

A. On June 22, 2012, the Defendant signed and sealed the following content with the “Goods Storage Certificate”.

- Item - below: Price 100 million won per day (Won 500,000,000) of the article above shall be maintained by the third party on June 22, 2012 to June 25, 2012, and any civil and criminal liability for all accidents caused by consignment, sale, loss, damage, etc. shall be borne by the third party on an unconditioned basis and shall be reimbursed in full within seven days after the agreed date of the return of the article above.

B. The defendant did not return the goods stated in the above "Goods Storage Certificate" to the plaintiff until now.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 50 million won as stated in the above "Goods Storage Certificate" and as to this, 5% per annum from July 3, 2012 to December 17, 2013, the service date of the original copy of the payment order, from July 3, 2012, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment. The plaintiff claimed for the payment of damages for delay from June 25, 2012, but according to the above facts of recognition, the damages for delay is recognized as from July 3, 2012, the next day after the due date of payment.

The plaintiff's assertion is justified within the above scope of recognition.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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