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(영문) 대구지방법원 2019.02.14 2018가단137754
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,379,923 as well as 15% per annum from October 18, 2018 to the day of full payment.

Reasons

According to the purport of evidence Nos. 1 and 2 (Additional Nos. 1 and 2) and the entire pleadings, the Plaintiff (a corporation A, which is a separate entity from the Defendant) continuously supplied originals to the Defendant engaged in the original manufacturing business by May 2017. Although the Defendant decided to pay the originals supplied at the end of each month, the outstanding amounts have been accumulated as it failed to pay the originals upon the end of each month, unlike the commitment. After the last supply of the originals, only the payment from the Defendant was continued on April 30, 2018, and the outstanding amounts of KRW 11,390,50 have been settled (the Plaintiff’s account book is arranged as repayment on May 31, 2018).

According to the above facts of recognition, the defendant is obligated to pay the outstanding amount and damages for delay remaining to the plaintiff.

In this regard, the defendant asserts that since the original body of the defendant was located in the plaintiff, it should be considered.

However, while the fact that the plaintiff's possession of the defendant was kept as security is also recognized by the plaintiff (the type, quantity, storage place, etc. of the defendant's possession that the plaintiff is in custody is not verified), this is merely a security, and the plaintiff does not dispose of it, so it cannot be considered in determining the amount to be repaid by the defendant.

However, the defendant is able to defend the return of the original unit, which is a security, and the defendant does not appear to have raised the same defense (it is not possible to confirm the correct intent because the defendant does not attend the court on the date for pleading). Thus, the defendant is 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 18, 2018 to the date of complete payment, which is the day following the delivery of a copy of the complaint sought by the plaintiff.

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