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(영문) 광주지방법원순천지원 2019.08.29 2019가단2579
물품대금
Text

1. The Defendant’s KRW 41,00,000, and its annual 15% from March 26, 2019 to May 31, 2019, respectively, to the Plaintiff.

Reasons

On December 5, 2016, the Plaintiff: (a) supplied the uniforms to the Defendant with the price of KRW 81 million; and (b) the Defendant paid only KRW 40 million out of the price to the Plaintiff does not conflict between the parties.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 41 million won payable to the plaintiff, except in extenuating circumstances, and damages for delay from the day following the delivery of the original copy of the instant payment order, as requested by the plaintiff.

However, since the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were promulgated on May 21, 2019 and enforced on June 1, 2019, pursuant to the above provisions, only 15% per annum from March 26, 2019 to May 31, 2019, which is the day following the delivery date of the original copy of the instant payment order, and 12% per annum from the next day to the day of full payment, and the part on the claim for damages for delay in excess shall be dismissed.

In this regard, the defendant asserted that the plaintiff could not respond to the plaintiff's claim because the plaintiff supplied a defective pre-explosion which has grown further, but since no evidence was submitted to support the above defendant's argument, the above argument cannot be accepted.

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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