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(영문) 대전지방법원 2020.07.09 2019가합107726
물품대금
Text

1. The Defendant’s KRW 63 million to the Plaintiff as well as 15% per annum from May 4, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On August 28, 2018, the Plaintiff, who sells medical devices and parts, entered into a contract with the Defendant to sell one of the medical devices (the model C: hereinafter “instant medical device”) to KRW 770 million (including value-added tax) with the Defendant, and delivered the instant medical device to the Defendant on March 31, 2019.

B. On September 7, 2018, the Plaintiff received KRW 77 million from the Defendant for the purchase price, and KRW 30 million on February 15, 2019. On February 15, 2019, the Plaintiff issued an electronic tax invoice to the Defendant to claim KRW 770 million for the purchase price of the instant medical device.

[Reasons for Recognition] Gap 1-5 Evidence, the purport of the whole argument

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 63 million (i.e., KRW 770 million - KRW 17 million - KRW 17 million) and to pay damages for delay calculated at the annual rate of 15 percent per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from May 4, 2019 to May 31, 2019, and the statutory interest rate of the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim of this case against the defendant is justified.

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