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(영문) 청주지방법원 제천지원 2018.05.09 2017가단2645
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 134,122,00 and the interest rate of KRW 15% per annum from December 29, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are companies engaged in wholesale and retail business of each aggregate.

B. On October 10, 2017, the Plaintiff and the Defendant entered into a sand sales contract with the content that the Plaintiff would supply sand to the Defendant at KRW 10,000 per cubic meter (excluding value-added tax).

C. The Plaintiff supplied sand to the Defendant from October 10, 2017 to October 31, 2017, with sand 4,399lus (in cubic meters), and sand 8,703lus (in cubic meters) from November 1, 2017 to November 30, 2017.

The sum of the above sand supply costs = 144,122,00 won = ((4,399,8703) beer x 10,000 won/beer x 1.1).

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (including each number number), and the purport of the whole pleading

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,00,000 remaining after subtracting the amount of KRW 10,00,000 paid by the Plaintiff from the said sand supply amount of KRW 144,122,00,00, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 29, 2017 to the date of full payment, which is the day following the date on which the Plaintiff claimed the performance by serving a duplicate of the instant complaint.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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