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(영문) 수원지방법원 2016.01.14 2015가합68167
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 177,105,506 and the interest rate of KRW 15% per annum from October 6, 2015 to the date of full payment.

Reasons

1. From June 26, 2015 to the date eight times from June 26, 2015, the Defendant purchased safety valves, DISD, etc. equivalent to the amount of KRW 766,071,570 (including value-added tax) from the Plaintiff, and the Defendant currently did not pay the amount of KRW 177,105,506. Accordingly, the Defendant is seeking payment.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff partially dismissed claims for the payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery of the complaint to the day of full payment. However, the Plaintiff’s claim for the portion exceeding the above recognized amount is without merit, in accordance with the statutory interest rate provisions of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015 and enforced October 1, 2015).

Therefore, this part is dismissed, but it is so decided as per Disposition by applying Article 98 and the proviso of Article 101 of the Civil Procedure Act to the burden of litigation costs.

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