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(영문) 대전지방법원 2016.11.24 2014가단31803
물품대금
Text

1. The Defendant’s KRW 62,900,000 as well as the Plaintiff’s KRW 20% per annum from July 18, 2014 to September 30, 2015.

Reasons

The judgment on the cause of the claim was made with B Co., Ltd. on February 27, 2013 (hereinafter “B”), and the Plaintiff entered into a contract with B to supply the pipe amounting to KRW 62.9 million (hereinafter “instant goods supply contract”). The Defendant jointly and severally guaranteed the Plaintiff’s obligation to pay the price for the goods. The Plaintiff supplied the pipe to B around that time, may be acknowledged by taking into account each of the descriptions of the evidence Nos. 1 through 3, 5, and 6 (including the serial number if any), or all of the arguments as a whole.

According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of 62.9 million won as the guaranteed debt and the damages for delay calculated at the rate of 20% per annum from July 18, 2014 to September 30, 2015 and 15% per annum from the next day to the day of full payment, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., as the next day of the service of the original copy of the instant payment order.

(1) According to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015), the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was revised from October 1, 2015 to 15 per annum, and thus, the portion exceeding the above recognition scope is not accepted among the portion on which damages for delay calculated at the rate of 20% per annum are claimed. The Defendant’s assertion as to the Defendant’s assertion is that the Plaintiff supplied agricultural pipes to B under the instant goods supply contract, but instead supplied general pipes, thereby failing to perform the above contractual obligations.

Therefore, B suffered losses equivalent to KRW 49,177,040, which is the supply value of the above-mentioned pipes, and losses which are reduced in transactions with agricultural cooperatives.

Therefore, the plaintiff shall pay 49,606,921 won and damages for delay as part of the damages in B.

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