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(영문) 수원지방법원 안산지원 2018.09.06 2018가합623
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 290,377,166 and the interest rate of KRW 15% per annum from April 10, 2018 to the date of full payment.

Reasons

1. The following facts are recognized by the parties to the determination as to the cause of the claim, taking into account the respective descriptions of evidence A Nos. 1 to 4 and the entire purport of the pleading.

① The Plaintiff is a corporation with the purpose of wholesale and retailing steel products, etc., and the Defendant is a corporation with the purpose of manufacturing steel structures.

② The Plaintiff agreed with the Defendant at any time to sell goods, such as “incop”, to the Defendant.

③ In accordance with the foregoing agreement, the Plaintiff delivered to the Defendant the goods, such as the human coponer, by March 15, 2018.

④ The Defendant failed to pay KRW 290,377,166 out of the price of the goods delivered by the Plaintiff.

(A) The Plaintiff asserted that the amount of the goods unpaid at the complaint is KRW 310,663,696, and sought the payment of the said price. On August 23, 2018, the Plaintiff was the person whose amount of the goods unpaid at the date of pleading was KRW 290,377,166). Therefore, the Defendant is liable to pay the Plaintiff the price of the goods, KRW 290,377,166, and damages for delay.

2. If so, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from April 10, 2018 to the date following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, after the date the Plaintiff finally delivered the goods to the Defendant, out of the purchase price of the goods purchased from the Plaintiff.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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