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(영문) 수원지방법원안산지원 2019.01.11 2018가단15970
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 77,903,039 and the interest rate of KRW 15% per annum from August 15, 2018 to the day of complete payment.

Reasons

1. The Plaintiff supplied excessive, etc. to the Defendant from February 2, 2007. On June 30, 2018, the fact that the Defendant’s payment that was paid to the Plaintiff as of June 30, 2018 did not conflict between the parties, or that the Defendant’s payment that was paid to the Plaintiff can be recognized by comprehensively considering the overall purport of the pleadings in each of the evidence Nos. 1 to 3, 6, 7, 10, and 13 (including the serial number). Thus, the Defendant is liable to pay the Plaintiff the said money and damages for delay.

2. As to the determination of the Defendant’s assertion, the Defendant asserted to the purport that seeking a lump sum payment is unfair and contrary to the principle of good faith, since the agreement was reached between the Plaintiff and the Defendant on June 2018 by dividing the unpaid amount into KRW 50-1 million.

On the other hand, there is no evidence to acknowledge that a grace agreement has been made with the same content as the defendant asserts, and to seek the price of the goods, the other date of payment, as a lawsuit, is not contrary to the principle of good faith, and thus, the defendant's assertion cannot

3. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from August 15, 2018 to the date of full payment after the delivery of the original copy of the instant payment order sought by the Plaintiff with respect to KRW 77,903,039 and each of them after the date of supply of goods. Thus, the Defendant is obligated to pay damages for delay calculated from August 15, 2018 to the date of full payment. The Plaintiff’

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