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(영문) 서울남부지방법원 2019.04.30 2018가단242431
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,59,950 and the interest rate of KRW 15% per annum from July 26, 2018 to the day of complete payment.

Reasons

According to the evidence evidence Nos. 2, 3, and 4, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the following day after the date of payment of the price for the goods and the payment of KRW 44,559,950, out of the price for the goods supplied to the Defendant by May 31, 2018. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 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 July 26, 2018 to the date of full payment.

In regard to this, the defendant shall settle the account of the fee of 2 million won, which was remitted on February 27, 2018, and the defendant suffered loss by doing acts contrary to the upper limit, such as unilaterally suspending the supply of goods, and thus, the defendant's claim for damages and the plaintiff's claim for the purchase of goods should be offset against the equivalent amount. However, there is no evidence to acknowledge that the defendant has the obligation to settle accounts or liability for damages. Thus, the defendant's claim is without merit.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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