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(영문) 대전지방법원 2018.11.28 2018가합538
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 276,385,556 and the interest rate of KRW 15% per annum from October 14, 2018 to the date of full payment.

Reasons

Description of Claim

The Plaintiff is a person engaged in the business of manufacturing metal cutting, cutting, processing machinery, wood, and stone with the trade name of “B,” and the Defendant is a company engaged in the business of designing and manufacturing machinery exclusively for assembling motor vehicle parts and equipment.

Upon the Defendant’s request, the Plaintiff supplied goods amounting to KRW 307,095,062, such as “PIPE C” from around December 2015 to December 2017. On January 1, 2008, the Plaintiff received KRW 30,709,506 from the Defendant and then paid the unpaid goods amounting to KRW 276,385,556.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of 276,385,556 won due and damages for delay calculated at the rate of 15% per annum as stipulated in the Special Act on the Promotion, etc. of Legal Proceedings from October 14, 2018 to the date of full payment, which is clear that the delivery day of a copy of the complaint of this case filed by the Plaintiff after the due date is the day following the due date.

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts

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