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(영문) 창원지방법원 2021.02.04 2019나64508
물품대금
Text

All appeals by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

The costs of appeal are assessed against the principal office.

Reasons

1. Determination as to the cause of the principal claim

A. From September 5, 2017 to September 20, 2017, the Plaintiff sold to the Defendant 4 million won of Saturdays (hereinafter “instant seedlings”). (B) Therefore, the Defendant is obliged to pay to the Plaintiff damages at each statutory interest rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, based on the annual interest rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

The argument is asserted.

The Plaintiff’s assertion is based on the premise that the Defendant is liable for the delay of the payment of the grave price of this case from September 21, 2017.

Therefore, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Defendant’s repayment deadline of the Defendant’s obligation for the payment of the instant seedlings on September 20, 2017, and there is no other evidence to acknowledge it. Therefore, it is reasonable to deem that the Defendant’s obligation for the payment of the funeral of this case constitutes a case where the Defendant’s obligation for the payment of the funeral of this case does not have the time limit for the payment

(1) The Plaintiff’s assertion that the original payment order of this case, which contained the Plaintiff’s expression of intent to demand the payment of the funeral payment of this case, was delivered to the Defendant on October 25, 2018, is apparent. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant received the claim for the payment of the funeral payment of this case from the Plaintiff before receiving the original payment order of this case, and there is no other evidence to acknowledge it.

Until May 31, 2019, the statutory interest rate prescribed in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) is 15% per annum.

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