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(영문) 인천지방법원부천지원 2019.06.12 2018가단122689
물품대금
Text

1. The Defendant’s KRW 67,700,000 as well as 5% per annum from March 1, 2018 to June 12, 2019 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of arguments as to evidence Nos. 2-1, 2, 3, and 4, the Plaintiff completed the household construction work with contract from Nonparty C, limited partnership D, E, and F, etc. around October 12, 2017, the Defendant paid 163,00,000 won to the Plaintiff in installments, and 50,000 won until October 30, 2017; and 50,000 won until November 30, 2017; and 63,00 won until February 2018. According to the above facts, the Defendant concluded to pay each of the above agreed amounts to the Plaintiff from the following day to the date of February 15, 2018, to the extent that the Defendant’s obligation to pay 6,770,000 won per annum of the agreed amount to the Plaintiff from the next day to the date of the agreed amount to be paid to the Plaintiff by 15,2018.

(1) The plaintiff filed a claim for the payment of damages for delay at a rate of 6% per annum under the Commercial Act from March 1, 2018 to the delivery date of a copy of the complaint, but the defendant bears the obligation to pay damages for delay pursuant to the above agreement. Thus, the plaintiff's claim for delay pursuant to the Civil Act is without merit. Thus, the plaintiff's claim for delay is partially accepted within the above scope of recognition, and the remainder is dismissed as it has no reason. It is so decided as per Disposition

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