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(영문) 창원지방법원 2018.03.29 2017가단1755
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,025,540 and the interest rate of KRW 15% per annum from December 31, 2016 to the date of full payment.

Reasons

1. The following facts are acknowledged in full view of Gap evidence No. 1 and the purport of the whole pleadings.

A. The Plaintiff is a person engaged in the metal parts manufacturing business under the trade name of “C,” and the Defendant is a person engaged in the machinery parts manufacturing business under the trade name of “D.”

B. From February 2016, the Plaintiff traded the Defendant with remaining products of mechanical products. From February 29, 2016 to September 30, 2016, the Plaintiff supplied KRW 24,025,540 (including value-added tax) to the Defendant.

C. However, on September 12, 2016, the Defendant paid KRW 3,000,000 out of the price of the goods to the Plaintiff and did not pay the remainder of KRW 21,025,540 to the Plaintiff.

2. Conclusion

A. Therefore, the Defendant is liable to pay to the Plaintiff the remainder of KRW 21,025,240 for the remainder of the goods price and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 31, 2016 to the day of full payment, as sought by the Plaintiff, after the delivery date of the copy of the instant complaint.

B. Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.

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