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(영문) 전주지방법원 2018.08.22 2018가단10847
물품대금
Text

1. As to the Plaintiff’s KRW 64,828,00 and KRW 31,49,50 among them, the Defendant shall pay to the Plaintiff KRW 33,328,500 from February 11, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff operating a gas station between the Defendant and the Defendant running the transport business, and the Plaintiff provided oil on credit to the Defendant, and issued a tax invoice at the end of each month on the basis of the gas station table prepared by the Defendant, and the Defendant agreed to pay the oil price to the Plaintiff by the tenth day of the following month.

B. On January 2018, the Plaintiff supplied the Defendant with the oil equivalent to KRW 31,49,500, and the oil equivalent to KRW 33,328,500 on February 2018, the Plaintiff supplied each credit, and the Defendant did not pay the amount of the oil up to the day.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff the total amount of KRW 64,828,00 (i.e., KRW 31,49,500, KRW 3328,500) and damages for delay calculated annually from February 11, 2018, which is the day following the settlement date of January 11, 2018, KRW 33,328,500 with respect to the credit oil payment amount of KRW 31,49,500 with respect to the Plaintiff on February 11, 2018, KRW 33,328,500 with respect to the credit payment amount of KRW 33,328,500 from March 11, 2018 to March 28, 2018, each of which is the delivery date of a duplicate of the payment order of this case, to 6% per annum under the Commercial Act and 15% per annum from the day following the payment date.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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