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(영문) 수원지방법원 2015.02.04 2014나34369
유류대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

The plaintiff asserts that he supplied oil to the defendant on September 201, 201, and sought payment of KRW 1,500,000 for attempted oil.

The fact that the Plaintiff supplied oil to the Defendant, and the fact that the Defendant did not pay the Plaintiff the amount of KRW 400,000 to the Plaintiff does not conflict between the original Defendant and the original Defendant. However, each entry in the evidence Nos. 1 and 2, consistent with the Plaintiff’s argument that the unpaid amount of KRW 1,50,000, constitutes KRW 1,500,000, is difficult to believe it as it is, and it is insufficient to recognize it by itself, and there is no other evidence to acknowledge

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 400,000 unpaid oil and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from March 22, 2014, which is the day following the date of delivery of a copy of the complaint of this case, to August 21, 2014, the date of the first instance judgment, which is the date of adjudication of the court of first instance, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance which partially different conclusions in relation to the base date of the damages for delay is unfair, but the judgment of the court of first instance cannot be modified disadvantageous to the plaintiff in this case which only the plaintiff appealed, and it is so dismissed as per Disposition.

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