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(영문) 전주지방법원군산지원 2016.07.19 2016가단4131
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 70,492,380 and interest rate of KRW 15% per annum from May 3, 2016 to the date of complete payment.

Reasons

Basic Facts

The plaintiff, who engages in the business of cutting and cutting metals in the trade name of "B", has continuously supplied the goods that he/she produced to the defendant.

On March 28, 2016, the Defendant prepared and delivered “B Account Repayment Plan” recognizing that the Plaintiff has a claim for the payment of the unpaid amount of KRW 69,722,380 to the Plaintiff.

On April 8, 2016, the Plaintiff supplied the Defendant with goods equivalent to KRW 770,00 (including surtax).

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, 4, and 6, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 70,492,380 won [=70,000 won for the unpaid goods supplied on April 8, 2016 as stated in the repayment plan of March 28, 2016 (including additional tax)] and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 3, 2016 to the day of full payment, which is obvious from the date following the delivery date of the original copy of the payment order of this case that the plaintiff sought to the defendant.

The defendant asserts that the unit price of the goods supplied by the plaintiff is set excessively high and unfair. However, since the plaintiff and the defendant agreed on the supply price of goods, so long as the contract is concluded, it cannot be exempted from the duty to pay the goods on the ground that the price is too high after the contract is concluded, this part of the defendant's argument is without merit.

In conclusion, the plaintiff's claim is reasonable, and all of them are accepted, and it is decided as per Disposition.

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