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(영문) 청주지방법원 2016.05.13 2015가단20513
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,017,00 and the interest rate of KRW 15% per annum from November 19, 2015 to the date of full payment.

Reasons

1. The Plaintiff continued to sell remote areas and plates, etc. to the Defendant, and the fact that the unpaid price was 26,017,000 as of November 6, 2015 is either no dispute between the parties or can be recognized by the statement in the evidence Nos. 1 and 2. Thus, the Defendant is liable to pay the Plaintiff the price for the goods 26,017,00 won and the delay damages therefrom.

2. The defendant defenses that the above claim for the price of goods has expired by the three-year statute of limitations. According to the records, the evidence No. 1, and the purport of the whole pleadings, the sales of goods by the plaintiff and the defendant appear to be a continuous transaction. The plaintiff's claim was 25,940,000 won, and the balance carried over before April 12, 2013 was continued to be transaction since April 12, 2013, and the defendant paid 3.5 million won to the plaintiff and paid part of the transaction amount, and the transaction continued from January 28, 2014 to July 3, 2014. Thus, the plaintiff's claim for the price of goods was not completed by the statute of limitations, or was suspended from January 28, 2014. Thus, the defendant's defense is without merit.

3. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 26,017,00 for the above goods and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 19, 2015 to the date of delivery of the original copy of the instant payment order as requested by the plaintiff. Thus, the plaintiff's claim is justified and it is so decided as per Disposition with the assent of all participating Justices.

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