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(영문) 창원지방법원거창지원 2015.11.24 2015가단866
매매대금
Text

1. The Defendant’s KRW 22,00,000 as well as the Plaintiff’s KRW 20% per annum from September 5, 2015 to September 30, 2015, and the following.

Reasons

1. Basic facts

A. The plaintiff is a company that manufactures elevators, etc.

B. The plaintiff entered into a contract with the plaintiff to set up one elevator at the place designated by the defendant two times as follows (hereinafter "each contract of this case").

On February 6, 2014, the date on which the contract date is installed, the contract amount (cost) of which is KRW 33,100,000,000,000,000,000 around March 15, 2014, Ulsan-gun, Ulsan-gun, Seoul, on April 5, 2014.

The Plaintiff completed the installation of an elevator in accordance with each of the instant contracts. The Defendant paid 4 million won out of the total installation cost of 66 million won (=34.1 million won) and did not pay the remainder of 22 million won.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. Determination

A. According to the above facts, the defendant is obligated to pay the remaining amount of 22 million won for the installation of an elevator to the plaintiff, except in extenuating circumstances.

B. On this issue, the defendant alleged that "it is all defective in the elevator installed by the plaintiff, and it is not possible to pay the elevator installation cost until the repair of the defect is completed." However, there is no evidence to acknowledge the above argument, and the defendant's defense is without merit

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from September 5, 2015 to September 30, 2015, which is the day following the day on which the copy of the instant complaint was served on the Defendant, and at the rate of 15% per annum from October 1, 2015 to the day of full payment under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

The provisions on statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (Presidential Decree No. 26553) that reduces the statutory interest rate from 20% per annum to 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 2653) shall

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