(영문) 대구지방법원경주지원 2017.09.20 2017가단1069

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(영문) 대구지방법원경주지원 2017.09.20 2017가단1069

물품대금

Text

1. The Defendant: KRW 90,661,350 for the Plaintiff and KRW 2% for the period from December 21, 2016 to February 3, 2017.

Reasons

1. Facts of recognition;

A. On April 2016, the Plaintiff, at the time of concluding a contract for the construction of 75,000 won per 1 cubic metres between the Defendant and the racing, set the unit price at KRW 75,000 (including value-added tax) in 1 cubic metres, and the Plaintiff appears to have re-determined the unit price at each time of supply while supplying ready-mixed.

The contract entered into an order of ready-mixed which is to be supplied to the Corporation, and the contract included the content that the defendant would pay interest in arrears of 2% per month if the defendant did not pay the price of the goods.

(hereinafter “instant supply contract”). (b)

According to the instant supply contract, the Plaintiff supplied the Defendant with ready-mixed in total 1,572.5 cubic meters from May 9, 2016 to December 20, 2016 pursuant to the instant supply contract, and the sum of the proceeds therefrom is KRW 113,781,350.

C. The Plaintiff received KRW 23,120,000 from the Defendant as the price for ready-mixed.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining amount of 90,661,350 won after deducting 23,120,000 won, which is paid to the plaintiff, from construction cost of 113,781,350 won under the supply contract of this case.

Therefore, the Defendant is obligated to pay to the Plaintiff 90,661,350 won and the amount calculated by applying each ratio of 2% per annum from December 21, 2016 to February 3, 2017, which is the date on which the copy of the complaint in this case was served to the Defendant, which is the day following the date on which the Plaintiff finally supplied the Defendant with ready-mixeds to the Defendant, to the day on which the copy of the complaint in this case was served to the Defendant, and 15% per annum from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법

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