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(영문) 창원지방법원 2018.11.22 2018가합138
약정금
Text

1. The Defendant: (a) KRW 429,214,420 for the Plaintiff and KRW 5% per annum from October 17, 2017 to January 29, 2018; and (b).

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the respective descriptions and the purport of the entire arguments in Gap evidence Nos. 1 and 2 (including paper numbers), the fact that the Plaintiff agreed to pay the Plaintiff the total amount of the unpaid goods price to Eul by October 16, 2017, when supplying steel materials, etc. to Eul Co., Ltd. from October 12, 2015 to May 27, 2016, but the monthly goods price was paid by the end of each of the following month. However, the Plaintiff was not paid the total amount of KRW 529,214,420 as of May 27, 2016, and the Defendant (the representative director of Eul Co., Ltd.) agreed to pay the Plaintiff the unpaid goods price by October 16, 2017.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 429,214,420 (=the unpaid amount of KRW 529,214,420) - The repayment amount of KRW 100,000 as of March 30, 2018, which is the day following the due date for which the Plaintiff was paid, to the Plaintiff, 5% per annum under the Civil Act, which is the delivery date of the copy of the complaint of this case, from October 17, 2017 to January 29, 2018, and damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the due date for which the Plaintiff was served.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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