logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.10.28 2015가합546
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 166,93,970 and KRW 56,203,840 among them, from June 1, 2014, and KRW 39,932.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4 against Defendant A (hereinafter “Defendant A”), Defendant A entered into an order to supply ready-mixed (hereinafter “instant contract”) with the Plaintiff on January 2, 2014; according to the said contract, the Plaintiff supplied ready-mixed of KRW 166,93,970 at the site of the Defendant A’s construction; and Defendant A supplied Defendant A with the total amount of KRW 166,203,840 on May 31, 2014; KRW 39,932,200 on June 30, 2014; KRW 69,095,180 on July 31, 2014; and each tax invoice issued to the Plaintiff on July 31, 2014; however, Defendant A’s failure to pay the amount to the Plaintiff at all.

According to the above facts, with respect to the Plaintiff’s above ready-mixed costs of KRW 166,93,970 and its 56,203,840 among them, Defendant A is obligated to pay 5% per annum under the Civil Act from August 1, 2014 to April 28, 2015, with respect to the Plaintiff’s statutory interest rate of KRW 39,932,200, which the Plaintiff seeks from June 1, 2014, to July 1, 2014, 70,857,930, which the Plaintiff seeks from August 1, 2014 to the date on which each complaint of this case was served to the Defendant A, and from September 30, 2015, the total annual interest rate of KRW 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, to the date on which each complaint of this case was served to the Defendant, and to pay 15% per annum from September 25, 2015).

Meanwhile, even after October 1, 2015, the Plaintiff claimed damages for delay calculated at the rate of 20% per annum. However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015; Presidential Decree No. 26553, Oct. 1, 2015) set the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as 15% per annum, and the case continues to exist under Article 2(2) of the

arrow