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(영문) 수원지방법원안양지원 2016.01.13 2015가단10552
매매대금
Text

1. The Defendant’s KRW 35,691,130 as well as the Plaintiff’s KRW 20% per annum from July 9, 2015 to September 30, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 3 (including additional numbers), the plaintiff is a corporation that manufactures, sells, and engages in wholesale and retail business of drugs, etc. in Ansan-si, and the defendant is a person who operates the hospital in Gangnam-gu, Seoul. The plaintiff entered into a continuous supply contract with the defendant and supplied medicines, etc. to the defendant, but the plaintiff did not receive KRW 35,691,130 out of the price of the goods. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated at a rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 9, 2015 to September 30, 2015, and 15,5% per annum as of the day following the delivery of the copy of the complaint of this case.

2. As to the judgment on the defendant's assertion, the defendant alleged that since there was a defect in the drugs, etc. supplied by the plaintiff and the damage occurred, the amount equivalent to the plaintiff's claim amount should be reduced. However, each image of the evidence Nos. 1 and 2 (including a provisional number) is insufficient to recognize it, and there is no other evidence to recognize it. Thus, the defendant's above assertion

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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