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(영문) 광주지방법원 2015.12.08 2015가단26493
물품대금
Text

1. The Defendant’s KRW 22,782,869 as well as the Plaintiff’s KRW 6% per annum from May 16, 2015 to June 23, 2015, and June 24, 2015.

Reasons

1. The fact that the Plaintiff, whose business purpose is to determine the cause of the claim, supplied pipes, materials, wholesale and retail business, etc. with pipes, materials, valves, etc. equivalent to the sum of KRW 52,782,869 (including value-added tax) from January 5, 2015 to May 15, 2015, at the request of the Defendant who made a subcontract for machinery and equipment, interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior tegrespo, which the Defendant performed with a subcontract, does not conflict between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 22,782,869 won (=52,782,869 won - 30 million won) and to pay damages for delay calculated at each rate of 15% per annum from May 16, 2015 to June 23, 2015, which is obviously a delivery date of a copy of the complaint of this case, as prescribed by the Commercial Act, from June 24, 2015 to September 30, 2015, as well as from June 24, 2015 to September 30, 2015, as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.

In addition to the above, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum after October 1, 2015. However, pursuant to the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553, Oct. 1, 2015), the rate of damages for delay from October 1, 2015 is 15% per annum. Thus, the Plaintiff’s claim for this part exceeding the above rate for delay damages is without merit.

2. The defendant's assertion argues that the plaintiff's request cannot be complied with before resolving the defect repair problem, on the wind that the plaintiff supplies artificial finishing materials, such as valves, to the Republic of Korea under the condition that the quality of the product is low. However, the defendant's above artificial finishing materials using the artificial tegrative construction using the artificial tegrative construction is not affected by pressure, and the above artificial tegrative finish is not affected by pressure.

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