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(영문) 청주지방법원충주지원 2019.11.29 2018가단4003
물품대금
Text

1. The Defendant’s KRW 43,341,191 as well as the Plaintiff’s KRW 15% per annum from September 21, 2018 to May 31, 2019.

Reasons

Comprehensively taking account of the descriptions in Gap's statement 1-1-1-4, 3, 4, 5-1, 5-2, 6-1-9, 10-1-1-1-10-48 as to the cause of the claim and the purport of the entire testimony and pleadings by witnesses D, the plaintiff operating the automobile parts (V) with the trade name of "E" supplied the defendant who operates the F Company with 77,976,911 won from May 29, 2012 to January 15, 2018, and the plaintiff was paid 34,635,720 won from the defendant. Thus, the defendant, barring any special circumstance, is obligated to pay the plaintiff 43,341,191 won (=7,976,911 won, 364, 3635, 201, and 25% of the annual amount of delay damages from the following day to the 15th day of the lawsuit, 2015th day following the amendment.

(A) The Plaintiff sought payment of damages for delay calculated at the rate of 15% per annum from the day after the delivery date of the copy of the instant complaint to the day of complete payment. However, according to the amended Special Lesa Act on the Promotion, etc. of Legal Proceedings, the Plaintiff shall order the payment of damages for delay calculated at the rate of 12% per annum from June 1, 2019. As such, the part of the above excess claim cannot be accepted). In regard to the Defendant’s assertion, the Defendant asserts that the amount of the V products actually supplied by the Plaintiff is equivalent to KRW 46,544,936, and the amount of 38.6 million, the remainder is merely KRW 7,94,936.

However, according to Gap's statements and witness D's testimony, since it is recognized that the statement of trading prepared by the plaintiff was prepared by the settlement with the defendant's employees, each of the above statement of trading has sufficient credibility, and according to the above statement of trading, the defendant's attempted money to be paid is cause of 43,341,191.

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