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(영문) 수원지방법원 안산지원 2018.01.19 2016가단29999
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 53,79,581 and interest rate of KRW 15% per annum from February 21, 2017 to the day of full payment.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3 (including additional numbers), it is recognized that the plaintiff entered into a goods supply contract with the defendant and supplied the defendant with packing goods equivalent to the sum of KRW 119,774,123 up to October 30, 2016. The defendant paid the plaintiff a sum of KRW 65,94,542 to the plaintiff up to October 20, 2016.

According to the above facts, the defendant is obligated to pay the remaining amount of KRW 53,779,581 (=119,774, 123-65, 994, 542) to the plaintiff, barring any special circumstances, and to pay damages for delay from the day following the delivery date of the copy of the complaint of this case sought by the plaintiff.

In regard to this, the defendant asserts that the plaintiff is not obligated to pay the price equivalent to the above exempted amount, since the plaintiff exempted the defendant from the obligation to pay the price for the goods of KRW 25,00,000,000. However, there is no evidence to acknowledge the fact that the plaintiff's obligation

Thus, the defendant is obligated to pay to the plaintiff 53,779,581 won and damages for delay calculated at the rate of 15% per annum from February 21, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case. Thus, the plaintiff's claim is justified.

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