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(영문) 수원지방법원 2017.04.13 2016가단533036
물품대금
Text

1. The Defendant’s KRW 79,238,860 for the Plaintiff and KRW 6% per annum from October 20, 2016 to November 12, 2016.

Reasons

1. Facts of recognition;

A. On October 10, 2015, the Plaintiff entered into a contract with the Defendant to manufacture and supply PCB-type oil pressure presses and PCB-type general presses to the Defendant, and to receive 21 billion won from the Defendant (excluding value-added tax).

(hereinafter “instant contract”). (b)

The Plaintiff manufactured and supplied the machinery stipulated in the instant contract to the Defendant, but received only KRW 124 million out of the price from the Defendant.

C. On May 11, 2016, the Plaintiff was promised to pay 97.1 million won [220 million won (2.1 billion won x 1.1 billion won) - 124 billion won] for the amount of goods unpaid from the Defendant from the Defendant from June 5, 2016 to June 5, 2016.

However, on October 19, 2016, the Plaintiff received KRW 20 million from the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including branch numbers in the case of additional number), Eul evidence No. 1, the purport of the whole pleadings

2. As to May 11, 2016, the Plaintiff: (a) concluded a grace agreement on the payment of unpaid goods under a condition of suspension that the Plaintiff received KRW 5 million from the Defendant from June 5, 2016 on the fifth day of each month; (b) and (c) the Defendant failed to pay the installment amount and failed to fulfill the condition of suspension; and (d) accordingly, the said agreement became null and void.

The Defendant’s repayment of KRW 20 million on October 19, 2016 (20,000,000 - 2,138,860 won for delay from June 6, 2016 to October 19, 2016 (2,138,860 won for delay interest (97,10,000 x 0.06 x 0.06 x 0.06 x less than commercial interest rate of KRW 134/365, hereinafter the same shall apply) shall be first appropriated for the principal, and the remainder of KRW 17,861,140 (20,000,000 - 2,138,860) shall be appropriated for the principal.

Therefore, the Defendant’s payment for the goods unpaid under the instant contract (97,100,000 won - 17,861,140 won) and the amount equivalent to 6% per annum under the Commercial Act from October 20, 2016 to November 12, 2016, the delivery date of a copy of the instant complaint, from October 20, 2016, which is the delivery date of a copy of the instant complaint.

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