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(영문) 창원지방법원 2016.04.12 2015가단22017
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 64,816,395 and the interest rate of KRW 15% per annum from October 6, 2015 to the date of full payment.

Reasons

1. The facts that the Plaintiff supplied timber to the Defendant until June 5, 2013 and the amount that was not paid by the Defendant was 64,816,395 can be acknowledged in light of the overall purport of the pleadings as to the grounds for the claim. As such, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 6, 2015 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the Defendant supplied the timber supplied from the Plaintiff to the Multilateral Construction Co., Ltd. (hereinafter “multilateral Construction”), and did not receive the price from the said company, and the Plaintiff also did not pay the instant timber price, and the Defendant suspended the payment period of the instant timber claim until the payment of the wood price is made from Multilateral Construction. However, there is no evidence to acknowledge that the Plaintiff suspended the payment period of the instant timber payment claim as alleged by the Defendant, and there is no reason to believe that the Defendant did not have any reason to believe that the Plaintiff suspended the payment period of the instant timber payment claim.

B. The defendant alleged that part of the timber supplied by the plaintiff was inferior, but the video products of Eul evidence 4 are insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion is without merit.

C. As to the assertion of non-use of timber, the Defendant decided on the assertion of non-use of timber, between November 23, 2012 and December 11, 2012, provided that in the case of timber equivalent to KRW 33,610,71, which was supplied by the Plaintiff, the Plaintiff complaining of the difficulty in keeping the timber and is to be supplied preferentially, but the Plaintiff and the Defendant agreed to pay the price as determined by the conditions after the use of timber. However, the said timber is with the Defendant.

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