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인천지방법원부천지원 2014.12.12 2014가합6090
물품대금
Text

1. The Defendant’s KRW 95,005,718 as well as the Plaintiff’s annual rate from July 15, 2014 to December 12, 2014, and the following.

Reasons

1. The defendant is obligated to pay to the plaintiff 126,577,878 won payable for the delivered goods and delay damages.

2. If the purport of the entire pleadings is added to each of the statements in Gap evidence Nos. 1 through 6 (including branch numbers), the plaintiff entered into a medical expendable goods supply contract with the defendant around the beginning of January 2014, and it is recognized that the plaintiff supplied the defendant with medical expendable goods equivalent to KRW 126,505,718 from around that time to June of the same year, and the plaintiff received KRW 31,50,000 from the defendant on October 31, 2014, the fact that the plaintiff received KRW 31,50,000 from the defendant is the plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff 95,005,718 won (=126,505,718 won - 31,500,000 won) and damages for delay.

3. In conclusion, the defendant is obligated to pay to the plaintiff the amount of 95,005,718 won payable to the plaintiff and the damages for delay at each rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as requested by the plaintiff, from July 15, 2014, which is the day after the original copy of the payment order of this case was served to the plaintiff and after the due date of payment of the above price of the supplied goods, and as the plaintiff seeks, it is reasonable for the defendant to resist the existence or scope of the payment obligation of this case from July 15, 2014, the day after the original copy of the payment order of this case was served to the day after July 12, 201