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(영문) 서울남부지방법원 2018.09.19 2018가단210878
물품대금
Text

1. The Defendant’s KRW 39,600,000 as well as 6% per annum from December 20, 2017 to March 16, 2018, respectively, to the Plaintiff.

Reasons

1. Determination as to the cause of a claim: (a) The Plaintiff, a gold-type manufacturing company, manufactures and supplies “3 set-type gold-type 3 set-type gold-type 21700, and the Defendant concludes a contract for goods production with the Defendant to pay the price of KRW 39,60,000 (including value-added tax); and (b) the Plaintiff requested the Defendant to pay the price of the said goods on December 19, 2017 when manufacturing and supplying the gold-type; but the fact that the Defendant failed to pay the price of the goods is not disputed between the parties, or is recognized through each set of Gap evidence 1 through 2 (including each number).

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 39,600,000 won and the amount equivalent to 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is the day following the date of the Plaintiff’s claim for the purchase of goods to the Defendant.

2. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition.

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