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(영문) 광주지방법원 2020.07.10 2019가단529631
물품대금
Text

1. The Defendant’s KRW 28,681,604 as well as 5% per annum from July 30, 2019 to July 10, 2020 to the Plaintiff.

Reasons

1. Claims asserted that even though the Plaintiff supplied food materials equivalent to KRW 66,681,60,604 in total to the Defendant, only received KRW 38,00,00 among them, and that the Plaintiff filed a claim against the Defendant for the amount of unpaid goods [28,681,604 won (=6,681,604 won - 38,00,000 won)];

2. Grounds: A judgment deemed to be a confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act) (see Articles 208(3)2 and 150(3) of the Civil Procedure Act), the Defendant submitted a written objection with the delivery of a payment order. However, the said written objection merely contains only the purport of objection against the payment order, and there is no specific statement as to the content of disputing the Plaintiff’

The defendant did not submit the defendant's assertion, such as the written recommendation of correction and the written order of preparation, although the defendant had been duly served with the court's order to submit the documents stating a substantial answer.

The defendant did not appear on the designated date for pleading even after being notified of legitimate date.

Ultimately, the defendant is deemed to have led to the confession of the plaintiff's assertion of claim.

3. The part to be partially dismissed (damage for delay) Plaintiff shall claim for the payment of damages for delay calculated at the rate of 12% per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

However, after the filing of the lawsuit in this case, the plaintiff partially reduced the purport of the claim on the second date of pleading (including the purpose of changing the cause of the claim), and it is reasonable to dispute the existence or scope of the defendant's obligation to perform until July 10, 2020, which is the date of the decision in this case.

Therefore, 5% per annum under the Civil Act from July 30, 2019 to July 10, 2020, which is the day following the delivery of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

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