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(영문) 대전지방법원 2018.10.10 2017가단4703
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,274,90 and interest rate of KRW 15% per annum from March 7, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a company whose business objective is the manufacturing and sales business of ready-mixed, and the defendant is a company with construction work business as its business objective.

(C) The name of the Defendant was changed from “C Co., Ltd.” to “F Co., Ltd.” on February 18, 2016, again changed on August 4, 2017. The amount of payment for goods supplied to the Defendant is 5,262, and 400 I ready-mixed on February 6, 2016 5,262, 400 1.4, 125, 00 4, 125, 00 20, 30, 40, 40, 30, 40, 40, 50, 40, 40, 50, 20, 30, 50, 208, 20, 30, 430, 50, 205, 30, 205, 25, 208, 205, 305, 2016.

B. During the period from February 6 to June 2016, the Plaintiff received 64,323,900 won in total from the Defendant during the period from April 6, 2016 to July 29, 2016, as described in paragraph (b) of the same Table, as indicated in the Defendant’s Cheongju G, H, and I, by supplying 95,598,800 won, such as ready-mixed, at each construction site located in each of the Defendant’s Cheongju G, H, and I.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 17 (including additional numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of the price of goods 31,274,900 won (=95,598,800 won-64,323,900 won) and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 7, 2017 to the date of full payment after the duplicate of the instant complaint was served on the Defendant, as sought by the Plaintiff.

B. As to this, the defendant has already paid the price of ready-mixed, etc. supplied by the plaintiff, and the other party is the price claimed by the plaintiff as the lawsuit of this case.

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