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(영문) 서울중앙지방법원 2019.10.29 2019가단5101147
물품대금
Text

1. The Defendant’s KRW 156,700,000 for the Plaintiff and 15% per annum from April 13, 2019 to May 31, 2019.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a company running household manufacturing and wholesale and retail business, and the Defendant is a company established for the purpose of interior business, etc. 2) upon the Defendant’s request, the Plaintiff supplied and issued a tax invoice by manufacturing and installing a household at the model voucher site as listed below.

The Plaintiff is a person who received KRW 5,00,000 from the Defendant on April 11, 2016, among the goods price of the Daegu D Model License, KRW 161,70,000 in total, KRW 33,000 on December 31, 2015, KRW 2, Daegu DD 70,000 on December 31, 2015, KRW 30,000 on December 31, 2015, KRW 161,70,00 in total, KRW 30,000 on May 30, 2016, the Plaintiff is a person who received KRW 5,00,000 from the Defendant on December 11, 2016. [Grounds for recognition] There is no dispute over the fact that the Plaintiff received KRW 5,00,000 among the goods price of the D Model License

B. 1) According to the above facts, the defendant asserts that the amount of interest rate of the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the day following the delivery date of the original copy of the instant payment order) was 156,700,000 won (i.e., 161,70,000 won-5,000 won) and its delivery date, which the plaintiff seeks after the delivery date, 15% per annum from April 13, 2019 (the day following the delivery date of the original copy of the instant payment order) to May 31, 2019, and 12% per annum from the next day to the day of full payment (the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings) was not paid at the statutory interest rate of June 1, 2019, and thereafter, the defendant did not have an obligation to pay the amount of interest calculated on June 21, 2019.

However, above.

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