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(영문) 서울동부지방법원 2015.11.17 2015가단6655
물품대금
Text

1. The Defendant’s KRW 24,087,040 as well as the Plaintiff’s KRW 20% per annum from January 20, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff sold mobile merchandise coupons in an amount equivalent to KRW 46,58,140 to the Defendant on July 31, 2014. The Defendant did not pay KRW 20,046,540 out of the said payment.

B. On September 15, 2014, the Plaintiff sold mobile merchandise coupons equivalent to KRW 4,040,50 to the Defendant, and the Defendant did not pay the said price.

[Grounds for Recognition: Entry of Evidence No. 1-5 No. 1-1-5 and the purport of the whole pleadings]

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of 24,087,040 won (20,046,540 won) with the unpaid amount of goods, and the damages for delay calculated at the rate of 20% per annum from January 20, 2015 to September 30, 2015, which is the day following the day following the day on which a copy of the complaint of this case is served, to September 30, 2015, and the damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment.

[Plaintiff] Claim for the payment of damages for delay calculated at the rate of 20% per annum from October 1, 2015 to the date of full payment. However, according to the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015; effective October 1, 2015); and Article 2(2) of the Addenda, the interest rate of 15% per annum shall apply from October 1, 2015. Thus, the Plaintiff’s claim for damages for delay exceeding the rate of 15% per annum from October 1, 2015 among the Plaintiff’s claim is without merit).

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