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(영문) 수원지방법원여주지원 2016.04.20 2015가단7741
물품대금
Text

1. As to KRW 45,649,703 and KRW 45,262,80 among them, the Defendant shall pay to the Plaintiff the year from July 23, 2015 to July 30, 2015.

Reasons

The facts without dispute, and comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff can be acknowledged as having supplied 45,262,800 won for goods, including value-added tax, to the defendant from May 7, 2015 to May 27, 2015, and the plaintiff supplied 41,148,000 won for the defendant from May 31, 2015 to May 27, 2015, as claimed by the plaintiff. According to the above facts of recognition, the defendant supplied 45,262,80 won for goods, including value-added tax, (i.e., 41,148,00 won x 1.1) and the same year as claimed by the plaintiff after delivery to the plaintiff.

7. up to 22.2. 386,903 won (i.e., 45,262,80 won x 0.06 x 0.06 x 52 days/365 x 52 days) calculated at the rate of 6% per annum under the Commercial Act (52 days) (i.e., 6% per annum under the Commercial Act from July 23, 2015 to July 30, 2015, the delivery date of the original copy of the payment order in this case; 20% per annum from the following day to September 30, 2015; 15% per annum from the next day to the day of full payment; and damages for delay calculated at each rate prescribed under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

(The statutory interest rate of the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is 20% per annum until September 30, 2015, and as from October 1, 2015, the provisions on statutory interest rate of Article 3(1) were promulgated on September 25, 2015 and enforced from October 1, 2015, and the annual interest rate of 15% per annum from October 1, 2015 shall apply to each of the 45,649,703 won (=45,262,80 won 386,90 won) and its 45,262,80 won among them, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 6% per annum from the next day to July 30, 2015 until September 30, 2015, and each of the Plaintiff’s claims for delay from the next day of this case shall be 15% per annum.

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