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(영문) 수원지방법원 2016.09.09 2016나50549
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. As to July 1, 2007, the Plaintiff and the Plaintiff concluded a “facilities lease and LPAS supply contract” with the Defendant to supply the gas to the Defendant and pay the gas price on the 25th day of the following month following the supply of the gas, and thereafter, supplied the Defendant with the gas from around that time. The Plaintiff supplied the Defendant with the LP gas equivalent to KRW 11,09 gg and KRW 12,295,334 g and around July 1, 2015, and the fact that the Plaintiff supplied the Defendant with each LP gas equivalent to KRW 11,09 g and KRW 12,295,334 g and KRW 12,934 g and around July 1, 2015 does not conflict between the parties, or that the Plaintiff supplied the Defendant with the entire purport of pleadings as a whole.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 22,251,852 as well as damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 25, 2015 to September 30, 2015, the following day after the service of the original copy of the instant payment order, which was sought by the Plaintiff, as the date of payment of gas prices, to September 25, 2015, and the main text of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).

[The part claiming damages for delay calculated at the rate of 20% per annum after October 1, 2015 is without merit according to the enforcement of Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553) amended to reduce the statutory interest rate of Article 3(1) from 20% per annum to 15% per annum on October 1, 2015.

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