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(영문) 서울동부지방법원 2017.06.28 2016나5698
물품대금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded by this court, shall be modified as follows:

Reasons

1. Comprehensively taking account of the arguments and evidence Nos. 1 and 2, the purport of the entire pleadings as a whole, the Plaintiff’s company running a wholesale business among fishery products and continued to supply fishery products to the Defendant who runs a comprehensive food sales business, etc. from February 13, 2014 to November 27, 2015. However, the Defendant may recognize the fact that the amount of goods has not been paid KRW 7,908,000 since the last payment of part of the price of goods on January 25, 2016.

In regard to this, the defendant alleged that he paid the price of the above goods, but the evidence alone presented by the defendant is insufficient to recognize it, and there is no other evidence, so the above argument by the defendant is without merit.

Therefore, as the Plaintiff seeks, with respect to the amount of KRW 7,908,00 payable to the Plaintiff and KRW 7,389,90,00 which were received from the first instance court, the Defendant is obligated to pay the Plaintiff the amount of damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 26, 2016 to July 29, 2016, which is the delivery date of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment; with respect to KRW 518,10,00 which was additionally received from the trial, from January 26, 2016 to January 18, 2017, which is the delivery date of the application for amendment of the purport of the claim of this case; and each damages for delay calculated at the rate of 15% per annum per annum under the Act on Special Cases concerning Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

The Plaintiff claimed damages for delay calculated at the rate of 15% per annum from the day following the delivery date of the instant complaint against KRW 518,100, which was additionally claimed at the trial. However, the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies to the day following the day on which the document demanding the performance of the monetary obligation was served on the obligor. As such, the Plaintiff sought its implementation only in the application for modification of the purport of the instant complaint against KRW 518

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