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(영문) 대구지방법원 2015.10.16 2015가단15464
물품대금
Text

1. The Defendant’s KRW 28,743,689 as well as the Plaintiff’s annual rate of 6% from June 27, 2013 to June 12, 2015, and the following.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2-1 to 4, 3, and 4 of the evidence as to the cause of the claim and the whole arguments, the plaintiff is a company engaged in the business of manufacturing and selling assembly-type panel. The plaintiff has supplied a panel on construction works conducted by the defendant under a product supply agreement with the defendant, and the plaintiff has not received materials from the defendant on June 26, 2013 until now since receiving 3,30,000 won from the defendant, and the price of the materials that was not received was 28,743,689.

According to the above facts, the defendant is obligated to pay the above amount of 28,743,689 won and damages for delay to the plaintiff, unless there are special circumstances.

2. The defendant's assertion is alleged to the effect that the plaintiff cannot pay the materials to the plaintiff because the plaintiff's defects in the panel supplied by the plaintiff could not receive the construction cost from the owner. However, there is no evidence to prove that the plaintiff's defects exist in the panel supplied by the plaintiff, and the above argument is without merit

3. Thus, the defendant is obligated to pay to the plaintiff 28,743,689 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 27, 2013 to June 12, 2015, which is the delivery date of a copy of the complaint in this case, and 20% 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. Thus, the plaintiff's claim is justified and thus it is so decided as per Disposition.

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