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(영문) 대전지방법원홍성지원 2016.09.21 2016가단3379
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,70,650 as well as the interest rate of KRW 15% per annum from April 28, 2016 to the date of complete payment.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap 1 through 4 (including each number number), the Plaintiff issued an electronic tax invoice totaling KRW 66,700,650, and the total value of supply over five occasions by providing the Defendant with construction materials equivalent to the total amount of KRW 66,70,650 from June 28, 2015 to November 3, 2015, to the construction site of the Chungcheongnamnam Development Complex Residential Facilities Corporation located in the city of Cheongcheon-si, the Plaintiff performed by the Defendant. The Plaintiff issued an electronic tax invoice totaling KRW 60,636,955, the total value of supply over five times, and the total amount of 6,063,695, which is the amount of goods paid by the Defendant to the Plaintiff from August 24, 2015 to December 3, 2015.

According to the above facts, it is reasonable to view that the Plaintiff supplied the Defendant with building materials equivalent to the total amount of KRW 66,700,650 from June 28, 2015 to November 2015. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 40,700,650 (i.e., KRW 66,700,650 - KRW 26 million) and the rate of 15% per annum (the next day after the delivery of a copy of the complaint of this case) from April 28, 2016 to the day of complete payment (the next day of the delivery of a copy of the complaint of this case).

The plaintiff's claim of this case is justified and accepted.

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