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(영문) 수원지방법원 안산지원 2018.10.05 2018가단60949
제작설치대금
Text

1. The Defendant shall pay to the Plaintiff KRW 76,70,000 and the interest rate of KRW 15% per annum from June 22, 2018 to the day of complete payment.

Reasons

The fact that the Plaintiff produced and supplied a list, etc. equivalent to KRW 79,200,000 in June 28, 2017, and KRW 16,500,000 in the amount equivalent to KRW 16,500 on February 5, 2018 is not a dispute among the parties, and the fact that the Defendant paid KRW 19,00,000 to the Plaintiff by the date of the closing of argument in this case is the Plaintiff.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff 76,70,000 won (=(79,200,000 won) - KRW 19,00,000) and 15% interest per annum from June 22, 2018 following the delivery date of the original copy of the instant payment order sought by the plaintiff to the day of full payment.

In regard to the Plaintiff’s application for payment order, the Defendant submitted a written objection to the effect that the Plaintiff’s application for payment order was defective due to sound coming from the head of the family produced and supplied by the Plaintiff and the machinery stopped due to the defect in contact. However, the Defendant was not present at all on the date of pleading on two occasions following the filing of objection, and the Defendant did not assert or prove the specific contents of the defect, and the Plaintiff’s written brief was served to repair all the defects claimed by the Defendant, and the Defendant did not present any opinion. Accordingly

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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