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(영문) 수원지방법원성남지원 2017.06.20 2017가합304
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 197,625,619 and the interest rate of KRW 15% per annum from December 30, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff, as an enterprise selling metal products, entered into a contract on the supply of metal products with the Defendant, and the goods price was paid in full at the same time as the goods are delivered. 2) The Plaintiff supplied the Defendant with metal products worth KRW 281,790,234 from August 2015 to April 2016. The Defendant paid KRW 84,164,615 out of the price of the said goods to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of 197,625,619 won (=281,790,234 won - 84,164,615 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 30, 2016 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order, which the Plaintiff seeks after the due date.

2. The Defendant alleged that the Plaintiff agreed to reduce the amount of KRW 30 million out of the amount of goods unpaid on December 20, 2016, but there is no evidence to acknowledge this.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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