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(영문) 춘천지방법원강릉지원 2019.03.12 2018가단2963
물품대금
Text

1. The Defendant: (a) KRW 76,974,812 to the Plaintiff, as well as KRW 6% per annum from June 30, 2018 to March 12, 2019; and (b) March 13, 2019 to the Plaintiff.

Reasons

1. The Plaintiff asserts that the Defendant supplied steel materials, etc. equivalent to the total amount of KRW 100,99,784 from November 30, 2016 to October 19, 2017. Therefore, in light of each description of evidence Nos. 1 through 4 (part of number omitted; hereinafter the same shall apply), it is insufficient to recognize the fact that the value of steel materials, etc. that the Plaintiff supplied to the Defendant exceeds the total amount of KRW 89,474,812 (the sum of the amount of KRW 1, 2, 3, 4, and (f) of the preparatory documents as of January 17, 2019, and there is no other evidence to acknowledge it otherwise.

Therefore, the Plaintiff’s assertion is justified within the scope of seeking payment of damages for delay calculated from June 30, 2018, which was sought by the Plaintiff as a result of the payment of KRW 89,474,812 and its due date.

2. The defendant's defense asserted that the defendant claimed that the plaintiff would be entitled to KRW 93,135,861 for the construction cost at C's D site, KRW 7,200,00 for personnel expenses incurred in installing the sn beam line for the plaintiff's building, and that the above plaintiff's claim would offset the plaintiff's claim for the purchase price for the goods. Thus, it is insufficient to recognize that the above claims exceed KRW 9,50,000 for each of the items of evidence Nos. 1, 2, 6, and 7 and evidence Nos. 8, 950,000 for each of the above claims amount to the plaintiff (the preparatory document of January 22, 2019) and there is no other evidence to prove otherwise, the defendant's defense is justified within the scope of KRW 12,50,000 for total 1

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the remainder of the goods price of KRW 76,974,812 (=89,474,812 - 12,50,000) and damages for delay calculated at each rate of 6% per annum under the Commercial Act from June 30, 2018 to the date when the Defendant issues a considerable dispute over the scope of the obligation to perform, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date when the obligation is fully repaid.

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