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(영문) 창원지방법원통영지원 2016.02.16 2014가합2903
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,783,400 to the Plaintiff (Counterclaim Defendant) and its related amount from April 4, 2014 to September 30, 2015.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. According to the reasoning of the judgment as to the cause of the principal lawsuit, there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the plaintiff entered into a contract with the defendant on June 5, 2013 to supply ready-mixed at the construction site of the new construction site of the Korea SGI Cultural Center (hereinafter “instant building”). Accordingly, the plaintiff supplied 780 cubic meters from June 18, 2013 to January 16, 2014 to the above construction site of the defendant, and the defendant supplied 780 cubic meters from January 16, 2014 to the plaintiff by 56,704,560,560,3921,160, out of the total price of 780 cubic meters of the above ready-mixed, and the remaining amount of KRW 208,307,400,000.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at an annual rate of 15% as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 4, 2014 to September 30, 2015, as the Plaintiff seeks from April 4, 2014, to September 30, 2015, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015).

[The part on the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective Oct. 1, 2015) and Article 2(2) of the Addenda to the same Act seeking payment in excess of the annual rate of 15% after October 1, 2015, among the Plaintiff’s claims against the Defendant, in excess of the damages for delay calculated at the rate of 15% per annum. 2. Determination on the Defendant’s defense and counterclaim

A. Defendant’s assertion 1) On November 25, 2013, the instant case from the Plaintiff on November 25, 2013, 341 cubic meters (hereinafter “the instant case”).

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