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(영문) 대전지방법원홍성지원 2020.02.11 2019가단2537
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 43,974,050 and the interest rate of KRW 12% per annum from December 20, 2019 to the date of full payment.

Reasons

1. From April 12, 2017 to February 3, 2018, the Plaintiff sold grain equivalent to the total value of KRW 241,484,80 to the Defendant, but did not receive KRW 43,974,050 out of the above price.

Therefore, the Defendant is obligated to pay to the Plaintiff the unpaid purchase price of KRW 43,974,050 and damages for delay calculated at the rate of 15% per annum from the day following the day when the original copy of the instant payment order was served to the Plaintiff.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Since the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal is changed to 12% per annum from June 1, 2019 (see the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), part of the claim seeking damages for delay by 15% per annum is dismissed.

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