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(영문) 부산지방법원 2017.07.20 2016가합4436
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 233,847,270 and the interest rate of KRW 15% per annum from December 1, 2016 to the date of full payment.

Reasons

1. The Plaintiff supplied steel materials to the Defendant from June 2016 to October 1, 2016, and the fact that the total amount of the goods resulting from the supply of the said steel products is 241,847,270 grounds for the determination of the cause of the claim does not conflict between the parties, or that the entire purport of the pleadings is recognized in full view of the evidence Nos. 1 and 2.

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 8,00,000 from the Defendant on October 14, 2016. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the goods cost of KRW 233,847,270, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff.

2. As to the Defendant’s assertion, the Defendant alleged that the said goods were to be paid to the Plaintiff in installments each month from December 10, 2016 to KRW 20 million, it is insufficient to acknowledge that there was an agreement on installment payments as alleged by the Defendant solely with the statement of the evidence No. 1, and there is no other evidence to acknowledge otherwise.

The defendant's argument cannot be accepted.

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

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