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(영문) 광주지방법원 2019.08.16 2018가단537673
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. The plaintiffs are persons operating a gas station with the trade name called D gas stations. The plaintiffs provided oil on credit at the construction site of the defendant, and the plaintiffs reached 65,189,894 won in May 2018 and June 2018.

2. According to the above facts of determination, the defendant is obligated to pay the outstanding amount to the plaintiffs 65,189,894 won and delay damages incurred from the day following the date of the request for performance to the day of full payment, unless there are special circumstances.

As to this, the Defendant alleged that the outstanding amount and damages for delay were paid as of May 8, 2019, and thus, the Defendant paid the outstanding amount and damages for delay as of November 24, 2018, the Defendants paid the outstanding amount and damages for delay as of November 24, 2018, and on May 8, 2019, the fact that the remainder of the outstanding amount and damages for delay were paid as of May 8, 2019 is not a dispute between the parties. Thus, the Defendant’s defense for repayment is with merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the costs of lawsuit are assessed against the defendant pursuant to Article 99 of the Civil Procedure Act. It is so decided as per Disposition.

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