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(영문) 수원지방법원 2019.07.25 2019가단2052
물품대금등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: KRW 60,302,057 and its therefrom from November 2, 2018 to January 31, 2019.

Reasons

1. Facts of recognition;

A. From around October 2017 to October 16, 2018, the Plaintiff supplied branch offices to Defendant B (hereinafter “Defendant Company”) and as of November 1, 2018, the balance of the supply price is KRW 20,271,573.

B. On November 1, 2018, Defendant C promised to pay to the Plaintiff the balance of the price of supply as above, 20,271,573, which the Defendant Company owes to the Plaintiff (hereinafter “instant payment agreement”).

C. Meanwhile, around 2017, the Plaintiff and the Defendant Company transferred KRW 40,030,484, the Plaintiff’s claim for the purchase price of goods against D to the Defendant Company, but the Defendant Company agreed to pay the amount equivalent to the said amount to the Plaintiff (hereinafter “instant payment agreement”). Around 2017, the Plaintiff transferred the said claim for the purchase price of goods against D to the Defendant Company and notified D of the transfer thereof.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 9 (including branch numbers, if any) and Eul's 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the claim against the defendant company, the defendant company: 60,302,057 won [the amount under the payment agreement of this case] and 40,030,484 won (the amount under the payment agreement of this case) from November 2, 2018 to January 31, 2019, which is obvious that the delivery date of the copy of the complaint of this case is the delivery date of the complaint of this case, 6% per annum under the Commercial Act, and the following day until May 31, 2019, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) shall be 15% per annum from the day following the date of full payment, and Article 3(1)3(1) of the main text of the Act concerning the promotion of litigation.

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