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(영문) 수원지방법원여주지원 2016.04.26 2016가단679
물품대금
Text

1. The Defendant shall pay 42,200,000 won to the Plaintiff and 15% per annum from January 5, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of Gap evidence 1-1 through 4 and Gap evidence 2-1 through 4-1-4, the plaintiff may be recognized as having supplied gold-type products equivalent to the total amount of KRW 46,200,000 (including value-added tax) to the defendant four times between May 31, 2015 and October 21, 2015. Thus, the defendant is liable to pay to the plaintiff the remainder of the goods price of KRW 42,200,000, excluding the remainder of the goods price of KRW 42,200,000 paid to the plaintiff, barring special circumstances.

As to this, the defendant alleged that the plaintiff sent goods to the defendant after the expiration of the payment period or sent goods which have been partially completed, and that the defendant caused damages due to the defendant's failure to deliver the goods to the ordering enterprise, but there is no evidence to acknowledge this.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from January 5, 2016 to the day of full payment, which is clear that it is the day following the delivery of the original copy of the instant payment order for the instant case, including the balance of the above goods 42,200,000 won.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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