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(영문) 수원지방법원안산지원 2019.01.30 2018가단16591
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,763,120 and the interest rate of KRW 15% per annum from August 25, 2018 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1-8 (including additional numbers), the plaintiff received materials from directors Eul and the defendant's internal director FF, and supplied construction materials, such as computerized gold fl, cl, and tin cl, totaling KRW 82,763,120,000, at G G located in Kimpo-si, Kimpo-si, on the last day of the following month, on several occasions from January 3, 2018 to March 2018. The plaintiff was issued a certificate of acceptance on January 13, 2018, but received a certificate of acceptance on the part of the person who was supplied at the time of first supply to Eul, but the tax invoice was issued and approved on the part of the defendant. The plaintiff can recognize only the total amount of KRW 82,763,120,000,000,000,000 won received from the defendant as the above goods price by account transfer method.

B. According to the above facts, since the parties to the transaction of supplying materials with the Plaintiff are the Defendant, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 37,763,120 (i.e., KRW 82,763,120 - KRW 45 million) and damages for delay calculated at the rate of 15% per annum from August 25, 2018 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order, which the Plaintiff seeks after the due date.

2. The defendant's argument regarding the defendant's assertion argues that even if the unpaid goods remain, the defendant paid 5 million won out of the unpaid goods, but there is no evidence to acknowledge this.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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