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(영문) 창원지방법원 2019.11.13 2019가단6440
매매대금
Text

1. The Defendant’s KRW 48,911,420 as well as the Plaintiff’s KRW 15% per annum from May 15, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Defendant (mutual name: C) received meat from D (mutual name: E until December 31, 2016, and the price for the goods unpaid by the Defendant as of December 31, 2016 is KRW 48,911,420.

B. On January 1, 2017, the Plaintiff accepted E, and the Defendant agreed to pay KRW 48,911,420 to the Plaintiff on May 12, 2017.

【Written evidence Nos. 1 through 3 [The defendant alleged that Gap evidence No. 3 (Transaction No. 3) was a document prepared by intimidation of the plaintiff's coercion, but no evidence exists to acknowledge it], the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 48,911,420 won for goods and delay damages at each rate of 15% per annum under the provisions on statutory interest rates under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from May 15, 2019 to May 31, 2019, and from the next day to the day of full payment, 12% per annum under the provisions on statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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