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(영문) 대구지방법원 서부지원 2018.08.16 2018가단361
물품대금
Text

1. The Defendant’s KRW 30,777,60, and the Plaintiff’s annual rate of KRW 5% from January 18, 2017 to December 8, 2017, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff operates a textile manufacturing enterprise called "C", and the defendant operates a "D" enterprise.

B. Until December 2016, the Plaintiff supplied direct materials to the Defendant. The sum of the processing fees is KRW 39,777,600.

C. On January 17, 2017, the Defendant paid KRW 9,000,000 out of the above processing fees to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to pay to the plaintiff 30,777,60 won for processing fees and damages for delay calculated by the rate of 5% per annum as stipulated by the Civil Act from January 18, 2017 to December 8, 2017, which is the delivery date of the original copy of the payment order, and 15% 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.

B. The defendant asserts that "the plaintiff suffered losses equivalent to KRW 9,00,000 from defective goods due to the plaintiff's error in the removal of office, and thus, it should be deducted from the processing fees." However, the defendant's assertion has no merit, since there is no evidence to acknowledge the fact of the plaintiff's assertion.

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

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