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(영문) 서울중앙지방법원 2016.09.22 2016가단40543
물품대금
Text

1. The Defendant shall pay KRW 30,597,50 to the Plaintiff the annual rate of KRW 15% from May 26, 2016 to the full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 3 (including paper numbers) and all the arguments.

From December 2, 2013 to February 2, 2015, the Plaintiff sold 208,597,500 won to the Defendant.

B. By January 2015, the Defendant paid KRW 178,000,000 to the Plaintiff with the price of the Plaintiff, etc.

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 30,597,500 (=208,597,500 - 178,000,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 26, 2016 to the full payment date, as sought by the Plaintiff.

(5) The Plaintiff did not explicitly claim the payment period of the above purchase price. However, in light of the fact that the Plaintiff’s duty of the seller and the buyer in the sale pursuant to Article 568(2) of the Civil Act is in a simultaneous performance relationship. However, in light of the fact that the final time when the Plaintiff issued a tax invoice claiming the Defendant in relation to the above sale is February 28, 2015, the Defendant’s obligation to pay the payment arrives before May 25, 2016, when the copy of the instant complaint was delivered to the Defendant. 3. Accordingly, the Plaintiff’s claim of this case is justified, and is so decided as per Disposition.

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