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(영문) 서울서부지방법원 2016.11.03 2016나1247
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 3 (including paper numbers, hereinafter the same shall apply), it is recognized that the plaintiff supplied the defendant with wood materials from January 11, 201 to March 4, 201, and the price for the material that the plaintiff received is 10 million won, and the testimony of the witness Eul's witness Eul and Eul's witness at the trial does not interfere with the above recognition, and there is no counter-proof otherwise.

Therefore, the defendant is obligated to pay to the plaintiff 10 million won as material price and damages for delay calculated at the rate of 15% per annum as stipulated in the Commercial Act from January 1, 2013 to August 3, 2015, the delivery date of a copy of the complaint in this case, from the next day to September 30, 2015, and 6% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim is justified within the above recognized scope, and the remaining claims are dismissed as it is reasonable, and the judgment of the first instance court is dismissed as it is so decided as per Disposition by the defendant.

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