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(영문) 수원지방법원 2020.01.30 2019나5892
물품대금
Text

1. Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2...

Reasons

1. In addition to each description of the facts of recognition and judgment Nos. 1 and 2 (including each number) and the whole purport of the arguments in response to the results of response by the director of the District Tax Office, the facts that the Plaintiff sold the Defendant, from April 11, 2018 to July 4, 2018, and that the Defendant did not pay KRW 13.8 million for the remainder of goods after the payment of KRW 1.2 million to October 12, 2018, respectively.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 6% per annum under the Commercial Act from April 4, 2019 to January 30, 2020 and 15% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case, which is the day following the day of the delivery of the Plaintiff’s delivery, to the day of the ruling of the first instance that the Defendant deems reasonable to dispute over the existence or scope of the obligation to perform.

2. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claim shall be dismissed as it is without merit.

Since the judgment of the court of first instance is inappropriate in part of the conclusion, the plaintiff's appeal is partially accepted, and the part against the plaintiff corresponding to the above recognition amount among the judgment of the court of first instance is revoked, and the defendant is ordered to pay the above recognition amount, and the remaining appeal of the plaintiff is dismissed as it is so ordered.

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