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(영문) 인천지방법원 2019.12.12 2019가단245715
물품대금
Text

1. As to KRW 175,177,442 and KRW 143,418,249 among the Plaintiff, the Defendant shall be from July 2, 2019 to the day of full payment.

Reasons

Inasmuch as there is no dispute between the parties, or comprehensively taking account of the purport of the entire argument in the statement in Gap evidence Nos. 1 through 6, the defendant is obligated to pay to the plaintiff 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 2, 2019 to the date of full payment after the day of service of the payment order in this case, with respect to KRW 175,177,442, and KRW 143,418,249, which is claimed as the application for the payment order in this case, from July 2, 2019 to the day of full payment, the remaining KRW 31,759,193, which is the last settlement date, after June 30, 2019, which is the day after the delivery date of the payment order in this case to the plaintiff from July 2, 2019 to October 16, 2019.

As to the remaining KRW 31,759,193, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 12% per annum from the day following the delivery date of the complaint of this case, but the above KRW 31,759,193 was extended by the Plaintiff to October 16, 2019, and thus, the Plaintiff cannot claim damages for delay pursuant to the interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery date of the complaint of this case. Thus, this part of the Plaintiff’s assertion

Therefore, the plaintiff's claim is reasonable within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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