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(영문) 광주지방법원목포지원 2020.06.17 2019가단5558
유류대금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,308,210 and the interest rate of KRW 12% per annum from October 5, 2019 to the date of complete payment.

Reasons

1. According to the evidence evidence Nos. 1 through 5 of the judgment as to the cause of the claim, the Plaintiff is recognized to have supplied the Defendant with a total of KRW 320,05,250 as follows from May 2017 to February 2018.

The Plaintiff is entitled to file an application for an auction of the remaining amount of 19,40,735,250 on October 31, 2017, with the exception of the amount of 38,590,000 on June 30, 30, 2017, on the date of issuance of the electronic tax invoice (original) electronic tax invoice issued on May 31, 2017, as the aggregate of the amount of 31,720,000 won, excluding the amount of 38,590,000,000 on June 30, 30, 2017; 19,40,000 on July 31, 31, 2017; 20,720,0000,0000 on August 31, 2017, 200, 360,50,005 of the dividends of the remaining amount of 30,508,507.

(A) According to the above facts, the defendant is obligated to pay to the plaintiff the remaining oil price of KRW 34,308,210 (=5,695,00-21,386,790) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 5, 2019 to the date of full payment, which is the day following the day when the copy of the complaint of this case was served to the defendant as requested by the plaintiff, as the oil supply date.

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

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