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(영문) 수원지방법원 2016.12.08 2016가단36139
물품대금
Text

1. The defendant shall pay 24,270,300 won to the plaintiff and 25% per annum from July 23, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 5 (including the fact that there is no dispute between the parties), the plaintiff entered into a basic contract on the supply of food materials, industrial products and other related goods with the defendant around October 2012. From around that time to June 2016, the plaintiff supplied goods to the defendant for the supply of the goods and the final payment of the goods amounting to 64,270,300, and according to the basic contract on the supply of the goods, the amount of delay damages rate of 25% per annum can be recognized (Article 10(4)). Thus, the defendant is obligated to pay to the plaintiff 24,270,000 won out of the above price of the goods and damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate from July 23, 2016 to the day of complete payment.

The defendant asserts that the plaintiff's smell and the defendant agreed that the plaintiff will take over the defendant's above goods payment obligation against the plaintiff concurrently, so it cannot respond to the plaintiff's claim. However, since the defendant who is the debtor merely assumes an overlapping obligation is not exempted from his obligation, the above argument by the plaintiff is without merit.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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