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(영문) 인천지방법원부천지원 2017.09.15 2017가단108235
금형제작대금
Text

1. The Defendant’s KRW 65,00,000 as well as annual 6% from November 1, 2016 to July 7, 2017 to the Plaintiff.

Reasons

1. Following the facts of recognition can be acknowledged in full view of the entries in Gap evidence Nos. 1 and 3 (including branch numbers for those with serial numbers) and the whole purport of pleadings.

The plaintiff's business of producing gold papers, and the defendant is engaged in the manufacturing of parts.

B. The Plaintiff supplied the Defendant with goods equivalent to KRW 193,00,000 from January 2016 to July 2016, and received total of KRW 118,000,000 from October 25, 2016.

C. On December 27, 2016, the Defendant, while paying the Plaintiff KRW 10,00,000,000, the remaining amount of KRW 65,000,000,000 on December 29, 2016, prepared and stated a trading statement with the purport to pay KRW 20,000,000 on January 30, 2017, and KRW 12,00,000 on February 28, 2017, and KRW 13,00,000 on March 30, 2017 (hereinafter “the instant trading statement”).

The defendant does not pay the above installment.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 65,00,000 for the unpaid goods and the amount of KRW 65,000 for the said goods after the date the Plaintiff supplied the goods to the Defendant, as claimed by the Plaintiff, 6% per annum prescribed by the Commercial Act from November 1, 2016 to July 7, 2017 and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

(3) On December 23, 2016, the Defendant agreed to pay KRW 118,00,000, not the Plaintiff’s total amount of goods, but the Plaintiff’s signature on the transaction statement of this case, even if the amount of unpaid goods has not been confirmed on December 23, 2016.

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