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(영문) 광주지방법원 2016.06.21 2015가단51031
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,103,620 and the interest rate of KRW 15% per annum from November 10, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On November 13, 2014, the Plaintiff entered into a goods contract with the Defendant on the following terms: (a) the Plaintiff agreed to deliver ready-mixed containers (the unit price of KRW 65,300 per 1 cubic metres, and value added tax separately) at the construction site of the Defendant’s facilities for luminous and amusement; (b) the Plaintiff agreed to pay the price for the goods in line with the amount that the Plaintiff supplies to the Plaintiff at the end of each month.

The total value-added tax on the daily quantity per supply unit shall be KRW 23,638,60,600 in 23,638,600 in 26,02,460 in 252 cubic meters around December 2514, 2014; KRW 16,45,60 in 252 cubic meters around 252 cubic meters; KRW 18,645,560 in 18,101,160 in 44,103,620 in 26,02,460 in 252 cubic meters;

B. Around November 2014, the Plaintiff supplied the Defendant with ready-mixeds in 362 cubic meters and ready-mixeds in 252 cubic meters from December 2014, and the total price for ready-mixeds in 44,103,620 cubic meters from the above supply is set forth below.

C. The Defendant paid to the Plaintiff KRW 13,00,000 on November 201, 2014, and KRW 9,000,00 on or around December 2014, respectively, for the price for ready-mixed goods. The current price for ready-mixed goods that the Defendant did not pay to the Plaintiff is KRW 22,103,620 (=4,103,620 - KRW 22,00,000).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 22,103,620, and damages for delay calculated at the rate of 15% per annum from November 10, 2015 to the day of complete payment, which is the day following the delivery date of the original copy of the instant payment order, to the day of full payment.

3. The defendant's argument as to the defendant's assertion is not reasonable since at the time of ordering ready-mixed to the plaintiff, the plaintiff demanded advance payment for the price of goods other than that at the time of the contract and the construction site was suspended, and as a result, considerable damage was inflicted upon the plaintiff at the construction site, the plaintiff's claim for the price of goods against the defendant is not reasonable. However, the defendant's argument

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