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(영문) 대구지방법원 2015.09.18 2014가합202022
물품대금
Text

1. The defendant

A. From April 3, 2014 to May 15, 2014, Plaintiff A, as well as KRW 123,836,834.

Reasons

1. Determination as to the cause of claim

(a) The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry of Gap and 7 evidence (including the number of each branch number) without a dispute between the parties to the facts of recognition, or in full view of the purport of the entire pleadings:

1) Plaintiff A (hereinafter “Plaintiff A”)

) A company is engaged in the manufacturing of plastics, building materials, etc., and Plaintiff B (hereinafter “Plaintiff B”).

(2) The Defendant was continuously supplied with goods from the Plaintiffs and delayed payment of the price for the goods to the Plaintiffs, while engaging in the manufacturing and wholesale business of plastics, building materials, etc., and the Defendant was engaged in the wholesale and retail business of the construction materials under the trade name of “D.” (2) The Defendant supplied the goods continuously from the Plaintiffs and sold them. The unpaid price for the goods to the Plaintiff A is KRW 123,836,834 as of April 3, 2014, and the unpaid price for the goods to the Plaintiff B is KRW 127,519,917 as of April 30, 2014.

B. According to the facts found above, the defendant is obligated to pay to the plaintiff A 123,836,834 won of the price of the goods and the amount of damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from April 3, 2014 to May 15, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, as the plaintiff filed after the payment date of the price of the goods. The defendant is obligated to pay damages for delay calculated at the rate of 127,519,917 won to the plaintiff B from April 30, 2014 to May 15, 2014, which is the delivery date of a copy of the complaint of this case from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The gist of the claim is the establishment of E.

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