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(영문) 대전지방법원 천안지원 2021.03.16 2020가단5835
물품대금
Text

1. The Defendant’s KRW 135,282,653 as well as the Plaintiff’s 6% per annum from August 27, 2020 to March 16, 2021, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied tin plates to the Defendant from around March 2, 2017 to March 12, 2020, and the price for the final supply on March 12, 2020 is KRW 11,693,053 (including value added taxes; hereinafter the same shall apply).

On October 2019, the monthly interest payment (cost) on the balance of the goods on the base date (cost) was paid 173,589,600,608 on October 1, 2019, 143,58,589,600,717,589,600 on February 2, 2020, 133,589,600 667,949,600 on February 2, 2020, while the balance of the goods was KRW 133,589,600 on a yearly interest of KRW 133,589,80 on KRW 133,589,80 (won 667,949).

The amount equivalent to 6% per annum for 133,589,600 won is 667,948 won per month for calculation.

There are same errors in the balance after around May 2020.

On May 2020, the Plaintiff entered the amount of 7,000,000 won on March 31, 2020 from the 6th page of the written preparations prepared on October 22, 2020, in the amount of 123,589,600 won. However, in light of the content of the lower part of the table and the description of evidence No. 4, the amount changed around that time seems to be a total of 10,00,000 won ( = 7,00,000 won).

617,949

B. The Defendant has paid monthly the amount equivalent to the interest calculated at the rate of 6% per annum with respect to the amount of the goods unpaid to the Plaintiff. The amount of the goods price calculated based thereon is as follows.

However, on March 12, 2020, the balance of the following goods prices does not include the self-goods prices.

(c)

On May 14, 2020, the Defendant sent to the Plaintiff a written agreement on the provision of security stating that “the amount payable shall be KRW 135,282,836 on March 31, 2021 and KRW 75,282,836 on March 31, 202 and the monthly interest calculated at the rate of KRW 6% per annum shall be paid monthly, and the monthly interest shall be paid every month, and two goods produced in each cans shall be offered as security.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 5, 6, Eul evidence Nos. 3 and 6 (including numbered evidence)

Each entry and the purport of the whole pleadings; hereinafter the same shall apply)

2. According to the above findings of the determination as to the cause of the claim, the unpaid amount of goods that the defendant did not pay to the plaintiff is 135,282.

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