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(영문) 서울중앙지방법원 2016.02.17 2015가단167717
물품대금
Text

1. The instant lawsuit between the Plaintiff and the Defendant B is filed by this Court on August 18, 2015 with respect to the case of the purchase of goods.

Reasons

1. According to the record of the completion of the lawsuit against Defendant B, this Court’s payment order issued against Defendant B on August 18, 2015 with respect to the purchase price of goods, which was served on August 26, 2015, and on August 26, 2015, became final and conclusive on September 10, 2015 because there was no legitimate objection within two weeks thereafter.

Therefore, the instant lawsuit between the Plaintiff and the Defendant B was already terminated by the determination of the above payment order.

2. Determination as to the claim against Defendant A

A. The facts of the reasons for the attachment are not clearly disputed by Defendant A Co., Ltd., or are recognized by each entry in Gap evidence Nos. 1 through 3.

B. Thus, the above defendant is obligated to pay to the plaintiff 37,730,000 won for goods and damages for delay at each rate of 6% per annum as stipulated in the Commercial Act from April 1, 2014 to August 26, 2015, which is the delivery date of the original copy of the payment order in this case, and from the next day to September 30, 2015, as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, 20% per annum as from September 30, 2015, and 15% per annum as from the next day to the date of full payment. Thus, this decision is delivered as per Disposition.

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