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(영문) 부산지방법원 서부지원 2018.08.22 2018가단103516
물품대금
Text

1. The Defendant: (a) KRW 50,300,000 for the Plaintiff and its related KRW 6% per annum from December 3, 2017 to March 12, 2018; and (b) March 13, 2018.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff entered into a contract with the defendant on August 7, 2017 for the manufacture and supply of the 80,300,000 won (including VT) of the price for the instant machine (hereinafter “instant machine”) and completed the manufacture and supply of the said machine on September 6, 2017 under the said contract, and the plaintiff received only KRW 30,000,000 from the defendant on December 3, 2017.

According to the facts found above, the defendant is obligated to pay to the plaintiff 50,300,000 won with payable price for the supply of goods and the remainder payment period (one month after the construction of the instant machinery) at the rate of 6% per annum under the Commercial Act from December 3, 2017 to March 12, 2018, 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, as requested by the plaintiff.

2. The Defendant alleged that the Plaintiff agreed to supply the instant machinery in KRW 50,000,00 under the side agreement with the Plaintiff. However, as seen earlier, the Plaintiff may recognize the fact that the Plaintiff agreed to supply the instant machinery to the Defendant in KRW 80,300,000, and there is no reflective evidence following the above recognition.

Therefore, the defendant's argument is not correct.

3. In conclusion, the plaintiff's claim is legitimate, and it is so decided as per Disposition.

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