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(영문) 대구지방법원서부지원 2020.08.12 2019가단69510
물품대금
Text

The defendant's 46,172,500 won and its 6% per annum from April 25, 2019 to October 17, 2019 to the plaintiff.

Reasons

1. Indication of Claim: The Plaintiff operated the manufacturer and the seller of the network and sub-mail, etc. with the trade name of “C”, and the Defendant sought payment of KRW 56,172,500, out of the amount of the goods supplied to the Defendant by April 24, 2019, and the Plaintiff did not receive KRW 56,172,500, out of the amount of the goods supplied by the Defendant by April 24, 2019. The Defendant did not pay KRW 46,172,500, in addition to the payment of KRW 10,000,000, around July 2019. Thus, the Defendant did not pay the remainder of KRW 46,172,500, and damages for delay against the Defendant.

2. Applicable legal provisions: Judgment on deemed confession (Article 208(3)2 and Article 150(3) and the main sentence of Article 150(1) of the Civil Procedure Act, the defendant only submitted a written objection to the payment order and simply protest against the payment order, and the defendant was not present at all on the date of pleading proceeding three times without asserting specific grounds for objection. Thus, the plaintiff's assertion is deemed to have been led to the confession of all of the plaintiff's assertion).

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