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(영문) 청주지방법원충주지원 2015.11.18 2014가단23143
물품대금
Text

1. The Defendant’s KRW 35,795,445 as well as 6% per annum from September 1, 2014 to November 17, 2014 to the Plaintiff.

Reasons

1. Under fact-finding, the facts under Gap evidence Nos. 1 through 7 can be recognized by adding to the whole purport of the pleadings, and the only descriptions of evidence Nos. 1 and 2 are insufficient to reverse the following recognition, and there is no counter-proof otherwise.

The Plaintiff supplied the Defendant with crowdfunding in May and June 2014.

The Defendant paid US$ 22,053.60, among US$ 33,147, to US$ 22,053.60 until July 31, 2014, and US$ 11,093.40 until August 31, 2014.

B. On September 24, 2014, the Defendant’s representative director B prepared a “written promise to repay the price of goods to the Plaintiff USD 33,147.”

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 35,795,445 won [the amount the plaintiff claims at US$ 33,147 within the scope of the amount converted into Korean won according to the exchange rate as at the date of the closing of argument in this case] as well as 6% per annum prescribed by the Commercial Act from September 1, 2014 to November 17, 2014, which is the day following the date of the last payment order service, and 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of the completion of payment (the statutory interest rate under the above special cases is changed) to the day of the payment order.

3. In addition to the partial dismissal of the claim for damages for delay of conclusion, the Plaintiff’s claim shall be accepted.

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