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(영문) 대전지방법원천안지원 2019.08.21 2019가단1769
물품대금
Text

1. The Defendant’s KRW 40,017,436 on the Plaintiff’s KRW 6% per annum from June 23, 2016 to June 28, 2019.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Part concerning partial dismissal.

A. The Plaintiff filed a claim for the payment of damages for delay from February 23, 2016. However, since the day on which the Plaintiff supplied pigs to the Defendant is June 22, 2016, the Defendant is liable to pay damages for delay from June 23, 2016, and the Defendant cannot be deemed liable to pay damages for delay from February 23, 2016. Thus, the Plaintiff’s assertion in excess of the above recognition scope is without merit.

B. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and Article 2(2) of the Addenda thereto, inasmuch as the statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings has been 12% per annum from June 1, 2019, only damages for delay calculated at the rate of 12% per annum, and the claims in excess shall be dismissed.

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