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(영문) 서울남부지방법원 2019.09.19 2019가단239098
공사대금
Text

1. The Defendant’s KRW 70,000,000 as well as 6% per annum from April 19, 2019 to June 17, 2019 to the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1 and 2, the Plaintiff, as a miscellaneous metal manufacturer, supplied favorable, metal, etc. to the Defendant, who is an indoor decoration business operator around June 2017, and the Plaintiff calculated the price at KRW 70,000,000 between the Defendant and the Defendant, and repaid KRW 70,000,000 from the Defendant on January 18, 2018 until April 18, 2019.

‘The fact that it received a certificate of borrowing' can be recognized.

Therefore, the Defendant is obligated to pay to the Plaintiff 70,000,000 won with 6% per annum as stipulated by the Commercial Act from April 19, 2019 to June 17, 2019, the delivery date of the original copy of the instant payment order, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

(A) The Plaintiff sought payment of damages for delay at the rate of 15% per annum from the day after the original copy of the instant payment order was served. However, since the statutory interest rate of 12% per annum was amended from June 1, 2019, the Plaintiff’s claim for damages for delay in excess of the statutory interest rate of 12% per annum is without merit. The Plaintiff’s claim for damages for delay is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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