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(영문) 광주지방법원 2020.05.27 2020가단505976
물품대금
Text

The defendant's KRW 40,700,000 for the plaintiff and its 6% per annum from August 1, 2019 to May 27, 2020.

Reasons

Basic Facts

From November 2018 to January 10, 2019, the Plaintiff supplied (on the date of supply prior consultation) lighting fixtures with the Defendant as KRW 40,700,000 (on the date of supply) price for goods at the new construction site in order to supply them as KRW 19,00,00 (on the E-dong 21,670,000 F. F. 19,000,000), and the due date for payment was settled as the delivery volume (on the basis of actual input volume). The Plaintiff concluded a commodity contract with the content that the delivery volume will expire on the 60th day from the date on which the request was made at the end of the month.

After entering into the said goods contract, the Plaintiff supplied lighting fixtures to the said new construction site by March 7, 2019.

Since then, the Plaintiff agreed with the Defendant to receive the price of goods until July 31, 2019, but did not receive the price of goods from the Defendant even after the date of the above payment.

[Ground of recognition] According to the above facts of the court's determination of Gap evidence Nos. 1 and 6 and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 40,700,000 won of unpaid goods and damages for delay calculated at each rate of 12% per annum under the Commercial Act from August 1, 2019, which is the date of this decision, which is the date of this decision, the defendant's decision that it is reasonable to dispute about the existence and scope of the obligation to pay to the plaintiff, from August 1, 2019, to May 27, 2020, and from the next day to the date of full payment.

(3) If the Plaintiff agreed on the date of payment of the price for the goods after the date of payment with the Defendant on July 31, 2019, the Plaintiff’s claim for damages for delay from March 31, 2019 to the date of delivery of the duplicate of the complaint of this case and damages for delay exceeding 6% per annum from the next day to May 27, 2020 is without merit). Therefore, the Plaintiff’s claim of this case is accepted within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.

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