logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.18 2015가단11776
물품대금
Text

1. The Defendant’s KRW 70,144,160 as well as 20% per annum from March 19, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in steel materials, steel plates cutting and processing, steel materials, and steel plates wholesale retail trade with the trade name of “B”, and the Defendant is a company engaged in the business of manufacturing the stove boiler.

B. From about six years to June 30, 2014, the Plaintiff supplied the Defendant with iron plates, etc., and on February 2015, the amount of the goods that the Defendant did not pay is KRW 70,144,160.

[Grounds for recognition] Facts without dispute, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70,144,160 for the unpaid goods and the damages for delay calculated at the rate of 20% per annum from March 19, 2015 to September 30, 2015, which is the day following the day on which the original copy of the instant payment order was served to the Defendant, as sought by the Plaintiff after the date of supply of the said goods, and at the rate of 15% per annum from the next day to the day of full payment.

(However, as 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 was amended and enforced from October 1, 2015, the interest rate under the above Act was changed from 20% per annum to 15% per annum, and thus, the part of the Plaintiff’s claim against the Defendant in this case exceeds it is dismissed).

The Defendant’s assertion as to the Defendant’s assertion was defective in the iron plate that the Plaintiff supplied to the Defendant between August 1, 2012 and October 10, 201, and thus, the number of water leakages occurred in the wood boiler manufactured by the Defendant on the said steel plate. Accordingly, the Defendant spent an amount equivalent to KRW 13,351,40 in total between October 14, 2014 and April 16, 2015 at the AS expense.

In addition, due to the above defects in the steel plates, the sales of the forest boiler produced by the Defendant was caused rapidly, and the sales loss incurred therefrom was 110,000,000 won.

Therefore, the defendant paid the price of goods that the defendant should pay to the plaintiff.

arrow