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(영문) 의정부지방법원고양지원 2015.05.13 2014가단26807
물품대금
Text

1. The defendant shall pay 37,806,000 won to the plaintiff and 20% per annum from December 12, 2014 to the day of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1 through 3 and Eul evidence 1, the plaintiff entered into a contract for the supply of goods with the defendant on January 27, 2014 and accordingly, supplied the defendant with the product, such as "Arkiki" equivalent to the total amount of KRW 35,48,400 from January 29, 2014 to February 14, 2014. The plaintiff and the defendant agreed to bear the delivery cost incurred in the supply of the product. The plaintiff and the defendant agreed to bear the delivery cost of KRW 3,097,50 in the course of supplying the product. It can be acknowledged that there was a delivery cost of KRW 3,500.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 37,806,00 after deducting the Plaintiff’s KRW 779,90 from the total amount of KRW 35,488,400 and KRW 3,097,500 from the delivery cost of KRW 38,585,90,000, which was paid on March 3, 2014, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of the copy of the instant complaint sought by the Plaintiff, from December 12, 2014 to the day of full payment.

Therefore, the plaintiff's claim is justified and accepted.

(A) The Defendant asserts that the Plaintiff is liable for damages in violation of the supply contract, instead of clearly disputing the facts constituting the cause of the claim. According to the purport of the entire pleadings, the Defendant filed a lawsuit against the Plaintiff for damages due to the breach of the supply contract with the Incheon District Court Decision 2014Da37103, which rendered a judgment in favor of the Plaintiff, and recognized the fact that the said judgment became final and conclusive)

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