(영문) 대전지방법원 2016.03.17 2015가단38832

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(영문) 대전지방법원 2016.03.17 2015가단38832

물품대금

Text

1. Of the instant lawsuit, the part concerning the demand procedure cost claim shall be dismissed.

2. The defendant shall pay 109,000,000 won to the plaintiff.

Reasons

1. We examine the legitimacy of the part concerning the claim for the expenses of demand procedure among the lawsuits in this case, ex officio, as to the legitimacy of the part concerning the claim for expenses of demand procedure.

Although the Plaintiff sought reimbursement of KRW 227,500 as the cost of demanding procedure against the Defendant, the amount paid as the cost of lawsuit can be repaid after the judgment became final and conclusive, and there is no interest in filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). Of the instant lawsuit, there is no interest in filing a lawsuit, as there is no interest in filing a lawsuit.

2. The Plaintiff entered into a contract on the supply of goods with the Defendant, and supplied the Defendant with goods, such as SPS (in-house type) worth KRW 308,928,90,00 from September 2014 to October 7 of the same year.

However, the Defendant paid only KRW 199,928,900 out of the above goods price to the Plaintiff and did not pay the remainder of KRW 109,00,000.

The above facts do not conflict between the parties, or can be acknowledged by the overall purport of the statements and arguments set forth in Gap evidence 1 and 2, and there is no counter-proof otherwise.

According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder of KRW 109,00,000 as well as damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 13, 2015 to the day of full payment, as the Plaintiff seeks.

3. In conclusion, the part concerning the demand procedure cost claim in the lawsuit of this case is unlawful, and thus, it can be accepted as a claim for the price of goods, and it shall be accepted, but the proviso of Article 101 of the Civil Procedure Act shall apply to the cost of lawsuit. It is so decided as per Disposition

참조조문

-민사소송법 제101조

-소송촉진 등에 관한 특례법

참조판례

-대법원 2000. 5. 12. 선고 99다68577 판결

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