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(영문) 울산지방법원 2019.05.02 2018가단75360
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,526,480 and the interest rate of KRW 15% per annum from December 8, 2018 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff entered into a contract to supply ready-mixed to the defendant on August 20, 2018. The plaintiff supplied ready-mixed equivalent to 33,073,040 won to the defendant on August 21, 2018, and ready-mixed equivalent to 46,526,480 won on September 21, 2018, but the defendant did not pay KRW 46,526,480 among them. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 46,526,480 won on the day following the delivery of the original payment order of this case as requested by the plaintiff on December 8, 2018.

2. The defendant's assertion against the defendant is that the contract between the plaintiff and the defendant is a juristic act which has remarkably lost fairness or a false declaration of intent that has conspired with the other party. However, the above assertion is without merit, since there is no evidence

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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