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(영문) 광주지방법원순천지원 2020.12.22 2020가단1213
물품대금 등
Text

1. The Defendant’s KRW 10,542,00 and the Plaintiff’s annual rate of KRW 6% from July 1, 2018 to April 28, 2020, respectively.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff entered into an agreement with the Defendant as of May 16, 2018, stating that “the Plaintiff supplied the Defendant with automobile lux oil, and the Defendant settled the price thereof within 30 days after the supply of the lux oil,” etc., and that the Plaintiff supplied the Defendant with the automobile lux oil amounting to KRW 10,542,00 on May 25, 2018 and May 29, 2018.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 10,542,00 won of the lubrication price and damages for delay of 12% per annum under the Commercial Act from July 1, 2018 to April 28, 2020, the delivery date of a copy of the instant complaint, which is 30 days after the supply date, to the Plaintiff, and 6% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Comprehensively taking account of the respective descriptions in subparagraphs 1 through 3 as well as the overall purport of arguments as to the claim for delivery of movable property, the Plaintiff entered into an agreement with the Defendant and provided equipment to the Defendant. However, at the time of termination of the agreement, the Plaintiff agreed to recover it, the Plaintiff supplied each movable property listed in the [Attachment 1] List in the sum of KRW 11,396,000 pursuant to the agreement, and the fact that the Defendant had not paid the lubable goods supplied by the Plaintiff, respectively, may be acknowledged, and further, the fact that the Plaintiff served on the Defendant a copy of the complaint in the instant case where the Plaintiff declared that the said agreement will be terminated on the ground of Article 10(i) of the Agreement with the Collaborative Company, and that the said agreement was lawfully terminated.

I would like to say.

Therefore, barring special circumstances, the defendant is obligated to deliver each of the instant movables to the plaintiff, and the said delivery part is also obligated.

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