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(영문) 대전지방법원천안지원 2017.11.30 2017가단8476
물품대금
Text

1. The Defendant’s KRW 104,039,610 for the Plaintiff and KRW 6% per annum from September 6, 2017 to November 30, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the manufacturing, processing, wholesale and retail business, etc. of non-metallic recycling materials. The Defendant is a corporation that runs the manufacturing and selling business of pressure-generating machines, the manufacturing business of plastic compressive plastic products, etc.

B. From January 2016, when the Plaintiff manufactured and supplied non-metallic recycling materials to the Defendant, the Plaintiff discontinued an excessive transaction on June 10, 2017. At the time, the amount of the goods that the Defendant did not pay to the Plaintiff was KRW 124,039,610 in total.

C. Meanwhile, after September 5, 2017, the delivery date of the copy of the instant complaint, the Defendant paid KRW 10,000,000,000, respectively, to the Plaintiff as the price for the instant goods on September 11, 2017, and October 19, 2017.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts, the defendant is obligated to pay to the plaintiff 104,039,610 won for the unpaid goods and damages for delay at each rate of 6% per annum under the Commercial Act from September 6, 2017 to November 30, 2017, which is the date following the delivery date of a copy of the complaint in this case, deemed reasonable for the defendant to dispute about the existence and scope of the obligation to perform, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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

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