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(영문) 의정부지방법원 2017.10.18 2017가단17405
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,295,575 and the interest rate of KRW 15% per annum from June 24, 2017 to the day of complete payment.

Reasons

1. The Plaintiff entered into a contract on the supply of goods with the Defendant on March 2017, and agreed to pay the price on the 10th of the month following the month in which the goods are supplied.

While the outstanding amount payable to the Defendant remains, the Plaintiff supplied the Defendant with 41,539,800 won in total over 15 times based on the above contract during the period from April 6, 2017 to May 26, 2017, and received 39,050,045 won in price.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 24, 2017 to the date of service of the original copy of the payment order as requested by the plaintiff, for the following day after the payment deadline for each of the above amounts: 33,295,575 won [=72,345,620 won [=30,805,820 won]-39,539,800 won] and the above amount shall be paid for damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, as requested by the plaintiff.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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