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(영문) 부산지방법원동부지원 2019.10.22 2019가단200173
물품대금
Text

1. The Defendant’s KRW 2,959,240 as well as the Plaintiff’s annual rate of KRW 6% from November 1, 2018 to December 5, 2018.

Reasons

On February 7, 2018, the fact that the Plaintiff operating ready-mixed wholesale business, etc. entered into a contract for the supply of ready-mixed on condition that the Defendant pay the price as at the end of the following month after the supply of ready-mixed, and supplied the Defendant with ready-mixed equivalent to KRW 66,68,380 from April 4, 2018 to September 10, 2018 does not conflict between the parties, or that the Plaintiff supplied ready-mixed equivalent to KRW 66,68,380 to the Defendant may be recognized by taking into account the overall purport of the pleadings as a whole.

Meanwhile, the Plaintiff was paid the remainder except KRW 2,959,240 out of the above ready-mixed price.

Therefore, the Defendant is obligated to pay to the Plaintiff the above KRW 2,959,240 as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 1, 2018 to December 5, 2018, which is the service date of the original copy of the instant payment order, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the next day to the day of full payment.

If so, the plaintiff's claim is reasonable and acceptable.

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