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(영문) 울산지방법원 2016.06.22 2016가단3910
물품대금
Text

1. The Defendant’s KRW 23,293,600 and the Plaintiff’s annual rate of KRW 5% from September 1, 2015 to January 29, 2016, and the following.

Reasons

1. Comprehensively taking account of the purport of evidence evidence and the entire argument as to the cause of the claim No. 1 and No. 4, the Plaintiff may recognize the fact that the Plaintiff supplied the Defendant with 23,293,600 won in total, from August 19, 2015 to August 31, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 23,293,600 as well as damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from September 1, 2015, which is the day immediately following the date of the delivery of the instant payment order, to January 29, 2016, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. As to the Defendant’s assertion, the Defendant agreed to perform the land construction work in the name of Seojin-gu Co., Ltd. and Seosan-dong Urban Residential Housing Construction Corporation in Ulsan-dong, and to pay the Defendant the remainder of the construction payment after deducting the cost, by paying the material cost used in the construction work.

Therefore, the Seocho-gu shall pay the price for ready-mixed to the Plaintiff, and the Defendant is not obligated to pay the price.

However, since there is no evidence to acknowledge the defendant's assertion, the defendant's assertion is rejected.

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