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(영문) 대구지방법원서부지원 2016.09.30 2016가합661
물품대금
Text

1. The Defendant’s KRW 270,000,000 as well as 5% per annum from February 1, 2014 to June 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 10, 2013, the Plaintiff entered into a contract with the Defendant for the supply of goods to be paid KRW 88 million on the last day of each month from June 30, 2013 to January 31, 2014, by designing and manufacturing two advanced equipment (name SIT-1500EV 2Door, hereinafter “instant equipment”).

The Plaintiff designed and manufactured two parts of the instant equipment according to the contract, and delivered them to the Defendant on June 17, 2013.

B. As of January 31, 2014, the final payment date of the price for goods, the Defendant paid only KRW 434 million to the Plaintiff, and did not pay the remainder of KRW 270 million (=74 billion - KRW 44 billion - KRW 434 million) to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 270 million in the balance of the goods price of KRW 270 million and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 1, 2014 to June 24, 2016, the delivery date of the complaint from February 1, 2014, which is the day following the date of the final payment that the Plaintiff seeks, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the day of the full payment.

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