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(영문) 서울남부지방법원 2016.08.19 2016가단11602
물품대금
Text

1. The Defendant’s KRW 43,316,075 as well as 6% per annum from January 1, 2016 to February 25, 2016 to the Plaintiff.

Reasons

1. In full view of the facts without any dispute over recognized facts and the whole purport of the pleadings stated in Gap evidence Nos. 1 through 8 (including various numbers), the fact that the plaintiff supplied the defendant with steel plates, stegras, etc. required for tegrative construction from June 1, 2015 to December 19, 2015, and reached KRW 43,316,075 out of the price of the goods from the defendant. Meanwhile, the defendant promised on November 4, 2015 to pay the plaintiff KRW 36,083,300, the price of the goods unpaid until that time in two installments from November 3, 2015 to December 31, 2015.

Therefore, the defendant is obligated to pay to the plaintiff 43,316,075 won for unpaid goods until December 19, 2015, and damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 1, 2016 to February 25, 2016, which is the day following the date of the original delivery of the payment order in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. If so, the plaintiff's claim is justified within the above scope of recognition, and thus, the remaining claims are dismissed.

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