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(영문) 수원지방법원 2015.04.22 2014가단58661
대여금
Text

1. The Defendant’s KRW 58,967,420 as well as 6% per annum from August 1, 2014 to September 15, 2014 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's part of Gap 1 and 4, the Plaintiff operating a synthetic resin manufacturing business, etc. may recognize the fact that the remainder of the price of the goods which was supplied with synthetic resin products, etc. to the Defendant from May 2014 to July 201 of the same year constitutes a total of 58,967,420 grounds.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 58,967,420 as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from August 1, 2014 to September 15, 2014, which is the delivery date of the original copy of the instant payment order, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. As to the Defendant’s assertion, the Defendant asserted that the claim of this case is unjustifiable since it agreed between the Korea Credit Information Company and the Defendant, which entered into a debt collection delegation agreement with the Plaintiff, to pay off the goods price obligations of this case. However, there is no evidence to prove that there was an agreement on installment payment, and the Defendant’s assertion is not acceptable.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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