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(영문) 광주지방법원 2018.09.13 2017가합1716
물품대금 등
Text

1. The Defendant calculated the Plaintiff at each rate of 312,270,990 won and 15% per annum from September 9, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures advertising materials, etc., and the Defendant is a company that manufactures advertising materials.

B. From January 31, 2016 to June 10, 2017, the Plaintiff entered into a goods supply contract with the Defendant, and provided goods used for manufacturing the signboard to the Defendant, and the Plaintiff did not receive KRW 312,270,990 from the Defendant until now.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts acknowledged prior to the judgment, the defendant is obligated to pay the price of goods and damages for delay payable to the plaintiff, unless there are special circumstances.

On the other hand, the defendant asserts that the obligation to pay the price was extinguished since the transfer of signboard production and delivery business rights to the plaintiff set the same amount as the unpaid price of the goods and set up two claims.

However, it is difficult to recognize only the evidence submitted by the defendant, and there is no other evidence to recognize it.

Rather, according to the evidence No. 3, the defendant can only recognize the fact that the defendant agreed to pay all the unpaid goods to the plaintiff by September 10, 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 9, 2017 to the date following the delivery date of the original copy of the instant payment order, which is the day of the delivery of the original copy of the instant payment order, to the day of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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