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(영문) 서울남부지방법원 2020.10.22 2020가단242625
약정금
Text

1. The defendant shall pay 64,517,200 won to the plaintiff and 20% per annum from May 30, 2020 to the day of complete payment.

Reasons

In full view of the purport of each of the evidence Nos. 1 and 2 evidence Nos. 1 and 2 as a whole, the plaintiff is a stock company engaged in the business of manufacturing and distributing clothing, etc., and the plaintiff was supplied from the defendant, who was a textile manufacturing wholesaler around December 2019, but failed to use the original body because the quality of the supplied body was below the agreed standards, and agreed to be supplied from other companies to bear the cost. The cost was 64,517,200, and the defendant paid 64,517,200 won to the plaintiff up to May 29, 2020, and if not paid, it can be acknowledged that the plaintiff agreed to pay damages for delay at a rate of 20% per annum. The statement of evidence Nos. 2 through 4 alone is insufficient for the above recognition.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 64,517,200 won and damages for delay at the rate of 20% per annum from May 30, 2020 to the date of full payment.

As to this, the defendant asserts to the effect that the above agreement is no longer effective since the plaintiff did not make any more additional orders, because he/she received an additional order from the plaintiff and agreed to do so at an improper demand.

However, it is not sufficient to recognize only the description of No. 5, and there is no other evidence to acknowledge it.

The plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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