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(영문) 수원지방법원안산지원 2016.01.14 2015가합1588
물품대금
Text

1. The Defendant: (a) KRW 865,00,000 for the Plaintiff and 5% per annum from December 1, 2013 to November 25, 2015; and (b) the Plaintiff.

Reasons

1. The Plaintiff, who operates “B” from July 2013 to September 2013, 2013, supplied 1,100,382,880 won to the Defendant who operates the “B,” but the Plaintiff received a total of KRW 290,382,880 from the Defendant and received only KRW 290,380 from the Defendant, and claimed KRW 810,000 for the purchase price of goods.

In addition, the Plaintiff supplied SPS with a total of KRW 137,306,378 won from August 2013 to November 2013, 2013. However, the Plaintiff received only KRW 80,789,170 from SPS and received only KRW 56,517,208 from SPS and claimed for the purchase of goods.

SP Co., Ltd. supplied the Defendant with a total amount of KRW 141,559,825 won from October 2013 to November 2013, 2013, however, it was paid only the amount of KRW 86,559,825 from the Defendant, and thus, it has a claim for the amount of KRW 55,00,000 to the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 865,00,000 (= KRW 55,000,000 for subrogation of the Plaintiff, Inc.) and damages for delay.

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. Part of the dismissed part of the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Oct. 1, 2015) and Article 2(2) of the Addenda of the same Act, which exceeds the damages for delay calculated at the rate of 15% per annum among the Plaintiff’s claims for damages for delay, is dismissed.

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