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(영문) 수원지방법원 2017.09.05 2016나21015
물품대금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 6,831,780 as well as the full payment with respect thereto from July 7, 2016.

Reasons

1. The fact that the Plaintiff supplied the products, such as steel plates equivalent to KRW 8,292,680, among October 8, 2015 and October 25, 2015, to the Defendant can be acknowledged in accordance with the purport of each of the entries and pleadings and arguments as to the Plaintiff’s total amount of KRW 8,292,680, among the price for the above goods, the Defendant is obligated to pay the Plaintiff the remainder of KRW 6,831,780, excluding KRW 1,460,90 of the price for the goods that the Plaintiff was paid, and the delay damages therefrom.

(B) In light of the aforementioned evidence, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from July 7, 2016 to the day after the day after the payment order of this case was served to the day after the day after the payment order of this case was served to the day after July 7, 2016, since the tax invoice was issued in the name of the Defendant, and the tax invoice was transferred from the account in the Defendant’s name to KRW 1,460,90, and the payment was made in part after the transfer of the above KRW 1,460,90 from the account in the Defendant’s name.

Inasmuch as the judgment of the first instance is unfair with different conclusions, it is so decided as per Disposition by accepting the defendant's appeal and cancelling the judgment of the first instance, and ordering the payment of the said money.

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