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(영문) 인천지방법원 2017.12.05 2017가단214977
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 170,818,500 and the interest rate of KRW 15% per annum from April 15, 2017 to the date of full payment.

Reasons

1. In full view of the determination as to the cause of the Plaintiff Company’s claim, Gap evidence Nos. 1-6, 3, and Eul evidence Nos. 3 and the purport of the whole pleadings, the Plaintiff Company is obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 22, 2012 to May 23, 2015, and the balance of transactions is 170,818,500. Under the above recognition, barring any special circumstance, the Defendant Company is obligated to pay to the Plaintiff Company damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 15, 2017 to the day of full payment.

2. Determination on the defendant company's defense

A. First of all, the defendant company's claim for the price of goods of the plaintiff company is proved to have completed the short-term extinctive prescription of three years under Article 163 subparagraph 6 of the Civil Act. Thus, the starting point of calculating the short-term extinctive prescription is to individually pass from the time when each credit payment claim occurred, unless otherwise stipulated in the continuous transaction relationship (see Supreme Court Decision 77Da2463, Mar. 28, 1978). The claim for the price of goods of the plaintiff company without any assertion as to the due date from May 22, 2012 to May 23, 2015. The lawsuit of the plaintiff company in this case was filed on April 10, 2017 after three years from the date of the final supply of the lawsuit, but it is apparent in the record that the lawsuit of the plaintiff company in this case was filed on April 10, 2017, while considering the purport of the whole statement and pleading of evidence No. 1 to 6, the defendant company can be recognized as partially repaid among the parties to the plaintiff company.

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