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(영문) 의정부지방법원 2019.04.25 2018가단20088
물품대금
Text

1. The Defendant’s KRW 169,626,940 for the Plaintiff and 6% per annum from December 1, 2018 to January 4, 2019, and the following day.

Reasons

1. Determination as to the cause of claim

A. On April 1, 2018, the Plaintiff concluded a lease agreement with the Defendant to lease construction temporary materials for a period of one month from April 1, 2018, under which the Plaintiff agreed to pay the rent on the basis of the Plaintiff’s unit price table, and the same standard even when the temporary materials continue to be used after the termination of the contract period.

B. From April 1, 2018 to November 30 of the same year, the Plaintiff supplied the Defendant with new construction materials, and the rent for the said period is KRW 169,626,940 in total.

【In the absence of dispute, the Defendant described in Gap’s evidence Nos. 1 through 6 is obligated to pay to the Plaintiff a rent of KRW 169,626,940, and damages for delay calculated at the rate of 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, which is obvious that it is the date on which the copy of the application for change of claim and the cause of claim in this case was served on the Defendant from December 1, 2018, from the date following the end of transaction to the day of full payment.

As to this, the defendant asserted that he did not have the obligation to pay the goods to the plaintiff on the ground that the rent is excessive and the contract price is not smoothly collected from C Co., Ltd., the ordering person, but the circumstances of the defendant's assertion cannot be exempted from the obligation to pay the goods above to the plaintiff. Therefore, the above argument is without merit.

2. It is so decided as per Disposition by admitting the plaintiff's claim on the ground that it is reasonable.

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