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(영문) 서울남부지방법원 2019.06.05 2018가단211314
물품대금
Text

1. The Defendant’s KRW 62,50,000 as well as 6% per annum from October 1, 2016 to February 22, 2018 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, the plaintiff supplied the defendant with 68,000,000 won (excluding value-added tax) which is necessary for the third-party design on September 30, 2016, and the defendant paid the plaintiff 12,30,000 won out of the above price. Thus, barring any special circumstance, the defendant is liable to pay the plaintiff 62,50,000 won (= value-added tax of 68,000,000 won - 12,30,000 won - 12,30,000 won) and damages for delay calculated from October 1, 2016 to February 22, 2018, the original copy of the payment order of this case is delivered at the rate of 15% per annum from the next day of each lawsuit under the Commercial Act.

In regard to this, the defendant argued to the effect that the procedure is in progress by filing an application for commencing rehabilitation procedures with the Busan District Court 2017dan1036, but it is unclear whether the plaintiff is included in the above rehabilitation procedure, and the above rehabilitation case was dismissed on May 16, 2018, and the facts that became final and conclusive around that time are significant in this court.

Therefore, the defendant's assertion is not accepted.

Ultimately, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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