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(영문) 서울중앙지방법원 2016.05.03 2015가단5319582
물품대금
Text

1. The Defendant’s KRW 25,649,082 as well as the Plaintiff’s KRW 20% per annum from August 25, 2015 to September 30, 2015.

Reasons

1. Determination on the cause of the claim

A. (i) In the second half of 2013, the Plaintiff entered into an agreement on the business partnership with the Defendant to take charge of the development, design, manufacture, and other technical support of the lighting organization in relation to the business for the selection of an annual unit price contract company for the lighting unit construction of the apartment in 2013, which was ordered by the Defendant.

According to the above business partnership agreement, the term of validity of the agreement shall be one year, but if there is no notification of termination or termination from either of the parties at least one month before the expiration of the term of validity, it shall be automatically extended one year on the same condition

See The plaintiff has developed and supplied the lighting organization to the defendant in accordance with the above business partnership agreement, and has received the price of goods.

The Defendant paid all the price of goods to the Plaintiff until May 2014, but delayed the payment of the price of goods from June 2014.

On June 5, 2015, the Plaintiff applied for a payment order against the Defendant from June 2014 to April 2015. The Defendant filed an objection to the payment order and implemented the legal proceedings with Seoul Central District Court 2015Gahap52510.

On February 5, 2016, the first instance court accepted the Plaintiff’s claim on February 5, 2016, and sentenced the Defendant to pay KRW 192,721,859 to the Plaintiff, and the Defendant appealed and continues to serve as Seoul High Court 2016Na2017864.

Applicant on June 2015, the Plaintiff supplied lighting fixtures to the Defendant and was not paid KRW 25,649,082 (including value-added tax).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings

B. According to the above facts, the Defendant’s payment of KRW 25,649,082 for June 2015, as well as KRW 25,649,082 for the Plaintiff, as the Plaintiff seeks, 20% per annum from August 25, 2015 to September 30, 2015, and 15% per annum from the following day to the day of full payment.

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