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(영문) 수원지방법원 2015.11.17 2015가단27961
물품대금
Text

1. The Defendant’s KRW 38,919,00 for the Plaintiff and 20% per annum from May 13, 2015 to September 30, 2015.

Reasons

The Plaintiff’s judgment as to the cause of the claim supplied the Defendant with a house from February 14, 2014 to March 20, 2015, and the remaining amount of KRW 38,919,000 for the unpaid goods is not disputed between the parties, or recognized by comprehensively taking account of the respective entries in subparagraphs A through 5 and the whole purport of the pleadings.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 38,919,00 won for the unpaid goods and damages for delay calculated at the rate of 20% per annum from April 4, 2015 to September 30, 2015, which is the following day after the original copy of the instant payment order was served on the plaintiff.

The Plaintiff claimed 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, the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended, and only 15% per annum from October 1, 2015 are recognized. Therefore, the part on the Plaintiff’s claim is without merit.

The defendant alleged that there was a defect in the goods supplied by him, but there is no evidence to acknowledge it, rather, according to the witness C's testimony, if there is a defect in the goods supplied, the plaintiff is deemed to have immediately exchanged the goods and delivered them.

Therefore, the defendant's above assertion is without merit.

In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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