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(영문) 부산지방법원 서부지원 2018.08.22 2018가단103240
물품대금
Text

1. The Defendant: 5% per annum from February 27, 2018 to August 22, 2018, and August 23, 2018, respectively, to the Plaintiff.

Reasons

1. The Plaintiff’s assertion argues that the Plaintiff supplied electrical equipment, including electric wires, from December 2016 to February 2017, and did not receive KRW 37,640,987 out of the price.

The fact that the Defendant supplied the Plaintiff with electric wires and other electric equipment from December 2016 to February 2017 and did not pay KRW 34,640,987 out of the price does not conflict between the parties, but there is no evidence to acknowledge the Plaintiff’s assertion that the outstanding amount of the said electric equipment exceeds the above amount.

Therefore, the defendant is obligated to pay to the plaintiff 34,640,987 won with the price of material, such as electric wires, and damages for delay calculated by applying 15% per annum under the Civil Act from February 27, 2018 following the service day of the original copy of the instant payment order, to August 22, 2018, where the defendant claims the existence and scope of his/her obligation to pay to the plaintiff, as requested by the plaintiff, 5% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. In conclusion, the plaintiff's claim is legitimate within the above scope of recognition, and it is so decided as per Disposition.

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