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(영문) 수원지방법원 평택지원 2018.02.20 2017가단62370
물품대금
Text

1. The Defendant’s KRW 44,476,080 for the Plaintiff and KRW 6% per annum from June 2, 2017 to November 1, 2017.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence No. 1 as to the cause of the claim, the plaintiff entered into a building stones supply contract with the defendant, and supplied building stones to the defendant until June 1, 2017, and the unpaid balance of the building stones was 44,476,080.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 44,476,080 as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 2, 2017 to November 1, 2017, which is the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

As to this, the defendant agreed with the plaintiff to pay the stone price when the defendant received the payment of the construction price from the same construction company as the principal contractor. Since the defendant has not yet received the construction price from the same construction company, it is not obligated to pay the above stone price and the damages for delay thereof to the plaintiff. However, since there is no evidence to acknowledge this, the above argument

2. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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