logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.12.19 2018가단108108
물품대금
Text

1. The Defendant’s KRW 28,249,450 as well as the Plaintiff’s annual rate of KRW 6% from June 1, 2015 to December 19, 2018, and the following.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff supplied the Defendant with the materials, etc. for the advanced packaging amounting to KRW 105,130,00,000, the aggregate amount of KRW 76,881,40,00 (=53,60,000,000), KRW 143,927,07,070 on March 14, 2014, and KRW 32,257,60 on May 29, 2015, and KRW 105,130,850 on February 24, 2014 to September 5, 2017, and the Plaintiff has appropriated the principal amount of KRW 53,681,40,000 as the Defendant’s total amount of KRW 53,60,000,000).

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 28,249,450 won (i.e., 105,130,850 won - 76,881,400 won) and 15% per annum under the Commercial Act from June 1, 2015 to December 19, 2018, where it is deemed reasonable for the Defendant to dispute over the existence of the obligation and the scope of the obligation, as the Plaintiff seeks after the delivery date.

2. Judgment on the defendant's assertion

A. The Defendant alleged that the Plaintiff paid additional KRW 5,00,000 to the Plaintiff on May 8, 2015, in addition to the amount of money the Plaintiff was the Plaintiff, but it is not sufficient to recognize the Plaintiff solely with the entries of the evidence No. 1, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is without merit.

B. The defendant asserts to the effect that the expenses should be deducted after the plaintiff delivered the materials held by the defendant to the defendant, but there is no evidence to acknowledge them. Thus, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are without merit. It is so decided as per Disposition.

arrow