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(영문) 광주지방법원 2016.04.01 2015가단49359
물품대금
Text

1. The Defendant’s KRW 37,698,800 as well as 6% per annum from August 16, 2015 to August 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 22, 2015, the Plaintiff entered into a contract with the Defendant to supply the building materials, such as chemical boundary stone, to the Defendant, and the same year thereafter.

6. By the end of 27.27. the goods equivalent to 60,477,010 won (including value-added tax) were supplied.

B. The Defendant paid to the Plaintiff KRW 22,778,210 ( KRW 7,778,210 as of May 30, 2015) out of the price of the goods referred to in paragraph (1) ( KRW 5,000,000 as of August 3, 2015).

C. According to the above contract, the defendant shall pay the price of the goods by the end of the month following the month in which the goods are supplied by the plaintiff. If payment is delayed, 6% per annum from the 15th day to the 30th day after the expiration of the 15th day, and 29% per annum from the next day to the day of full payment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of paragraph 1, the Defendant is found to have not paid the remainder amount of KRW 37,698,800 ( KRW 60,477,010 - KRW 22,778,210) to the Plaintiff by the last day of July 2015.

Therefore, the defendant is obligated to pay to the plaintiff 37,698,800 won and damages for delay calculated at the rate of 6% per annum from August 16, 2015 to the 30th day of the same month after the expiration of 15 days from the date of payment, which is the 30th day of August 16, 2015, and 25% per annum from the next day to the date of full payment.

In excess of the above recognition scope, the Plaintiff’s assertion of claiming damages for delay from August 6, 2015 is without merit.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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