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(영문) 수원지방법원 안산지원 2021.01.27 2020가단9046
물품대금
Text

1. The Defendant’s KRW 58,657,315 with respect to the Plaintiff and KRW 6% per annum from July 16, 2020 to January 27, 2021.

Reasons

1. In fact, the Plaintiff is a company aimed at manufacturing and wholesale and retail business of washing, etc., and the Defendant is a company that aims at manufacturing household disinfection products.

The Plaintiff sold the products, such as the launch container, to the Defendant from February 24, 2020 to March 5, 2020.

The balance of the price of goods as of March 5, 2020 is KRW 60,657,315.

On December 8, 2020, the Defendant paid KRW 2,000,000 to the Plaintiff.

[Grounds for Recognition] Unsatisfy, Gap 1 through 4, Eul 1, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at each rate of 58,657,315 won (=60,657,315 won - 2,000,000 won) and 6% per annum under the Commercial Act from July 16, 2020 to January 27, 2021, the day after the delivery of the complaint (payment order) sought by the Plaintiff, which is the day of this decision, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. The plaintiff's claim for conclusion is accepted within the extent of the above recognition, and the remaining claims are dismissed as they are without merit.

On December 8, 2020, the costs of lawsuit are to be borne by the defendant in consideration of the fact that it is after the date of application for the payment order in this case.

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