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Reasons
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(영문) 청주지방법원충주지원 2016.05.26 2015가단8028
물품대금
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1. Defendant A Co., Ltd. shall pay 88,247,79 won to the Plaintiff and 12% per annum from December 1, 2015 to the date of full payment.

Reasons

1. Basic facts

A. From May 2015, the Plaintiff supplied construction materials, etc. (hereinafter “instant supply contract”) to Defendant A Co., Ltd. (hereinafter “Defendant A”) from May 1, 2015. On October 1, 2015, the Plaintiff agreed to pay the unpaid goods amounting to KRW 77,237,100 as of October 1, 2015, and the unpaid goods amounting to KRW 12% interest per annum if the Plaintiff fails to comply with the agreement.

“A certificate of non-payment (hereinafter “instant certificate”) was issued. B. The originator’s part of the instant certificate was “Unpaid.”

1. The Corporation in charge of the corporate name settlement agreement;

2. The name of the defendant A is indicated as the representative B, and the name of the defendant A does not seal the corporate seal impression, etc., and the defendant B’s signature is made after the name of the defendant B, and the resident registration number and address of the defendant B are stated at the bottom thereof.

C. The amount of goods unpaid by Defendant A as of November 5, 2015 is KRW 88,247,79.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Since there is no dispute between the parties that Defendant A is responsible for the determination of the claim against Defendant A under the instant supply contract and the instant confirmation document, Defendant A is obligated to pay damages for delay at the rate of 12% per annum, which is 12% per annum, from December 1, 2015 to the date of delivery of a copy of the application for the instant payment order, to the date of full payment, as well as the amount of 88,247,799 won due to unpaid goods.

As to this, Defendant A alleged that he/she repaid KRW 20,000,000 on October 28, 2015, but the amount of the unpaid goods as of November 5, 2015 was calculated by reflecting the above repayment. Thus, the above Defendant’s above assertion is without merit.

B. The Plaintiff’s judgment on the claim against Defendant B is written in the instant confirmation document.

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