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(영문) 창원지방법원 2015.04.01 2014가합6725
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 374,133,089 and the interest rate of KRW 20% per annum from November 11, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in the manufacture and supply business of the structural frame and the structural frame boxes, and the Defendant is a company that engages in the business of processing, assembling, and manufacturing motor vehicles and machinery parts.

B. The Plaintiff and the Defendant agreed to pay the price at the end of each month when the Plaintiff supplied the pelto and the pelto to the Defendant.

C. From August 1, 2014 to October 31 of the same year, the Plaintiff supplied the Defendant with goods equivalent to KRW 374,133,089 in total pursuant to the above agreement.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3 (including each number), the purport of whole pleading

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum from November 11, 2014 to the day of full payment, which is the day following the day when the original copy of the instant payment order was served on the Defendant, which is the day when the Plaintiff received the original copy of the instant payment order, to the day of full payment.

(1) The plaintiff filed an application for provisional attachment with the Changwon District Court 2014Kadan3395 against the defendant's sales claim as the preserved right, and the above court accepted it on November 12, 2014. The defendant deposited KRW 374,13,089 with the deposit money in order to cancel the provisional attachment, and thus the defendant has no obligation to pay the goods. However, as to the deposit money, the plaintiff, the provisional attachment obligee, under the title of execution of the judgment of this case, has no obligation to pay the goods any longer. However, as to the right to collect the deposit money, the plaintiff, the provisional attachment obligee, under the title of execution of the judgment of this case, has the right to claim the recovery of the deposit money by the court of execution. Thus, the repayment does not take effect in itself, and this part of the defendant's claim of this case is without merit).

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