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(영문) 서울동부지방법원 2016.05.12 2015가합106101
물품대금
Text

1. The Defendant’s KRW 64,047,40 for the Plaintiff and KRW 20% per annum from July 24, 2015 to September 30, 2015.

Reasons

The Plaintiff’s business of manufacturing and processing electrical parts, such as PCS Sy (PCB Assy; hereinafter “instant goods”) was to enter into a contract on supply of the instant goods with the Defendant, a corporation established for the purpose of manufacturing and selling electronic products, etc. among June 30, 2014, which was to supply the instant goods to the Defendant from June 30 to March 27, 2015. The Plaintiff supplied the instant goods worth KRW 1,027,338,400 to the Defendant from March 30, 2014; the Defendant paid KRW 363,291,000 to the Plaintiff from September 5, 2014 to April 1, 2015, and paid KRW 64,047,400,000 among the price of the said goods, or not paid the price of the goods to the Defendant, including evidence Nos. 1, 2, and 2, and the purport of the entire pleadings.

Therefore, from July 24, 2015 to July 24, 2015, the record clearly stating that the payment of unpaid goods is 664,047,40 won and that it is the day following the delivery date of a copy of the complaint of this case claimed by the plaintiff (the plaintiff shall add 6% of the annual interest rate from April 2, 2015, the following day after the last payment of the price of the goods, to the day of delivery of a copy of the complaint of this case. However, there is no evidence to prove that the defendant is liable to pay the price of the goods by April 1, 2015, the above goods payment obligation constitutes an obligation without a fixed deadline. Thus, the defendant is liable to pay 20% per annum until September 30, 2015, and 15% from the next day to the day of the full payment until 15% per annum, the statutory interest rate of 25% per annum 35% per annum under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition etc.

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