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(영문) 광주지방법원순천지원 2020.11.25 2019가단73397
물품대금
Text

1. The Plaintiff:

A. Defendant B shall be 19,018,000 won and the interest rate of 12% per annum from August 5, 2019 to the date of complete payment.

Reasons

1. As of the date of the closing of argument in the instant case, the Plaintiff, as of the date of recognition, has a claim for the price of fishery products in KRW 19,018,00 against Defendant B, and ② a claim for the price of fishery products in KRW 4,005,00 against Defendant C.

【Defendant B: Fact that there is no dispute, entry of Gap 1 through 2, purport of the whole pleadings, defendant C: Decision by service by publication (Article 208(3)3 of the Civil Procedure Act)

2. According to the above fact-finding, Defendant B is obligated to pay to the Plaintiff the amount of KRW 19,018,000 for the unpaid goods and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from August 5, 2019 to the day following the delivery date of the copy of the complaint of this case, as requested by the Plaintiff. Defendant C is obligated to pay to the Plaintiff 4,005,000 for the unpaid goods and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 13, 2020 to the day after the delivery date of the copy of the complaint of this case, as sought by the Plaintiff.

[Plaintiff’s claim against the Defendants for the payment of damages for delay at the rate of 15% per annum from the day after the delivery date of the copy of each complaint of this case to the day of full payment. However, the Plaintiff’s claim for the interest rate on the Plaintiff’s damages for delay in excess of the aforementioned recognized scope is rejected inasmuch as the “interest rate prescribed by Presidential Decree” under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was revised to 12% pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768

3. If so, the plaintiff's claim against the defendants is justified within the above scope of recognition, and each remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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