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(영문) 서울남부지방법원 2016.01.29 2015가단42005
물품대금
Text

1. The Defendant’s KRW 22,317,200 as well as the Plaintiff’s annual rate from June 1, 2014 to July 9, 2014, and the following.

Reasons

1. Comprehensively taking account of the evidence evidence No. 1 and evidence No. 6 regarding the Plaintiff’s claim, the fact that the Plaintiff supplied singling machines and parts to the Defendant around May 2014 for KRW 52,910,000 for the goods price, and the fact that the Defendant paid KRW 30,592,800 out of the goods price to the Plaintiff is recognized.

Comprehensively taking account of the above facts acknowledged, the Defendant is obligated to pay the remaining amount of KRW 22,318,200 (=52,910,000 - 30,592,80) and damages for delay.

2. The defendant's defense asserts that since the singish machinery supplied by the plaintiff is not a singish machinery, it cannot be subject to an ex post facto measure (A/S), it cannot be paid the price for the goods until the normal delivery of the goods. However, it is insufficient to recognize that the singish 2 merely delivered by the plaintiff was not a singish, and there is no other evidence to acknowledge it, and the defendant's defense is not accepted.

3. Conclusion, pursuant to the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from June 1, 2014 to July 9, 2014, the delivery date of the original copy of the instant payment order from June 1, 2014, the Defendant is obligated to pay to the Plaintiff 22,318,200 won with 5% per annum, and 20% per annum from the following day to September 30, 2015, and 15% per annum from the next day to the date of full payment.

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