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(영문) 수원지방법원 2016.09.30 2016가합76950
물품대금
Text

1. The Defendant’s KRW 1,800,228,141 as well as 6% per annum from March 15, 2016 to June 3, 2016 to the Plaintiff.

Reasons

1. In full view of the fact that there is no dispute over the determination of the cause of the claim, the entry in the evidence of subparagraphs 1 through 3, and the purport of the entire pleadings, the Defendant may recognize the fact that the Defendant, upon receiving drugs from the Plaintiff, did not pay the price for goods equivalent to KRW 1,80,228,141 as of March 14, 2016.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,80,228,141, and the amount of money at each rate of KRW 6% per annum under the Commercial Act from March 15, 2016 to June 3, 2016, which is the following day after the delivery of a copy of the application for the payment order of this case from March 15, 2016, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment

(1) The Plaintiff’s claim for delay damages in excess of 6% per annum under the Commercial Act from March 15, 2016 to the date of full payment. However, the statutory interest rate under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies from the day following the day on which the complaint seeking the performance of the monetary obligation or a document corresponding thereto was served on the obligor. Thus, the interest rate for delay damages cannot be applied until the day of delivery of the duplicate of the application for the payment order of this case. Therefore, the Plaintiff’s claim for delay damages in excess of 6% per annum under the Commercial Act from March 15, 2016 to the day of delivery of the duplicate of the application for the payment order of this case is without merit). 2. Accordingly, the Plaintiff’s claim for delay damages is accepted within the scope of recognition, and the remainder of the claim is dismissed as it is without merit.

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