logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.05.12 2016가단2569
어음금
Text

1. The Defendant’s KRW 192,50,000 and the Plaintiff’s annual rate of KRW 6% from December 16, 2015 to January 4, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures electronic communications equipment, etc., and the Defendant is a company that operates automobile-related articles distribution business.

B. On September 11, 2015, the Plaintiff supplied a black box (GT-305B) to the Defendant and received an electronic bill from the Defendant with the following contents:

The serial number: 0032015091000007926 bill amount: 192,500,000 won for the issuer: The issue date of the Plaintiff: the due date of September 11, 2015: 15.

On December 15, 2015, the Plaintiff presented to the Payment Bank a payment proposal for the electronic bill, but the payment was refused.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from the date following the date when the electronic bill was presented to the Plaintiff from December 16, 2015 to January 4, 2016, which is the date when the original copy of the instant payment order was served, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date when the payment is fully paid.

However, there is no evidence to acknowledge this, although the defendant asserts that the transaction of goods and the transaction of bills between the plaintiff and the defendant is invalid because it is not a normal commercial activity.

The defendant's above assertion cannot be accepted.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

arrow