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(영문) 대구지방법원김천지원 2019.08.21 2019가단32442
물품대금
Text

1. The Defendant’s KRW 111,697,360 for the Plaintiff and 6% per annum from December 31, 2018 to August 21, 2019, and the following.

Reasons

1. In light of the facts without any dispute over the cause of the claim and the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 4, and 6, the plaintiff may recognize the fact that the plaintiff supplied the product to the defendant by May 31, 2017 on the basis of the supply of the goods, the defendant's unpaid goods amounting to KRW 111,697,360, and the plaintiff notified the defendant of his payment by mail by November 9, 2018, by December 30, 2018.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 111,697,360 for the unpaid goods and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from December 31, 2018, the date following the due date for payment, to August 21, 2019, which is the date of this decision, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

(A) On June 1, 2017, the Plaintiff claimed for the payment of damages for delay from June 1, 2017, but according to the Plaintiff’s evidence No. 6, the Plaintiff notified the Defendant to pay the unpaid amount until December 30, 2018, and thus, the Plaintiff’s claim for damages for delay before the due date is without merit).

However, the Defendant concluded a contract for the storage of the products with the content that the Defendant would not remove 30 products from the Defendant’s company before paying the unpaid amount to the Plaintiff, and that the Plaintiff would obtain the Plaintiff’s consent if intending to remove the products. Although there was no dispute between the parties, the Plaintiff consented to such Defendant’s proposal.

There is no evidence to prove that the contract was concluded to acquire ownership.

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