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(영문) 서울남부지방법원 2018.06.01 2018가단209779
물품대금
Text

1. As to KRW 67,00,000 and KRW 60,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 24, 2017 to January 31, 2018.

Reasons

1. Facts of recognition;

A. On October 18, 2016, the Plaintiff, a company engaged in the sale of building materials, supplied the Defendant with the amount equivalent to KRW 132,00,000,000 of the building materials, such as boiler and stoves, to the Defendant, a company engaged in the construction business, etc. (hereinafter “instant goods”).

B. On October 20, 2017, the Defendant paid KRW 55,000,000, out of the instant goods price of KRW 132,000,000 to the Plaintiff, and drafted a letter of payment to pay KRW 77,00,000 to the Plaintiff by December 23, 2017.

On the other hand, on March 23, 2018, the Defendant paid KRW 10,000,000 to the Plaintiff with the payment of the instant goods.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 67,00,000 (i.e., KRW 77,00,000 - KRW 10,000) and the amount of KRW 60,000,00 among them, as the Plaintiff seeks, 60,000,000, which is the day following the due date stipulated by the agreement, to the day of delivery of the original copy of the instant payment order from December 24, 2017 to January 31, 2018, the amount of KRW 6% per annum stipulated in the Commercial Act and the amount of delay damages calculated at the rate of 15% per annum stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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