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(영문) 서울중앙지방법원 2019.09.18 2019가합539461
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 258,465,046 and the interest rate of KRW 12% per annum from March 1, 2019 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

(a)In full view of the respective descriptions of Gap evidence Nos. 1 through 8 (including branch numbers if there are serial numbers) and the whole purport of the pleadings, the following facts can be acknowledged:

1) On May 11, 2015, the Plaintiff entered into a sales agency contract with the Defendant and provided the Plaintiff with the pertinent goods, and the Defendant supplied the goods to the Defendant on the last day of each month. However, if the outstanding amount remains for two consecutive months, the Defendant agreed to pay damages for delay at the rate of 1% per month for the outstanding amount. 2) The Plaintiff supplied the goods of KRW 1,167,114,95 (= Principal KRW 1,090,768,141, 78, 141, and KRW 78,346,854) to the Defendant under the said sales agency contract from May 201 to February 2019. The Defendant paid to the Plaintiff KRW 908,649,949 out of the supplied goods until February 2019.

(The details of transactions between the original and the Defendant are as shown in the attached Form C.

Judgment

According to the above facts, as of the end of February 2019, the Plaintiff has 258,468,046 won (=1,167,114,95 won - 908,649,949 won) for the remainder of goods remaining after being appropriated in the order of interest and principal according to the above sales agency transaction contract as of the end of February 2019.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 12% per annum from March 1, 2019 to the date of full payment.

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

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