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(영문) 서울남부지방법원 2015.01.15 2014가단52432
물품대금
Text

1. The Defendant is determined as of December 18, 2014, which is the date of the closing of argument in KRW 14,322,700, which is the date of the Plaintiff’s closing of argument.

Reasons

The fact that the Plaintiff supplied chemical drugs to the Defendant from June 4, 2013 to April 10, 2014, and that the Defendant failed to pay KRW 14,322,700 out of the price of chemical drugs, etc. supplied by the Plaintiff, does not conflict between the parties.

Therefore, the defendant is obligated to pay to the plaintiff 14,32,70 won and the amount calculated by applying the rate of 6% per annum as stipulated in the Commercial Act from July 10, 2014 to January 15, 2015, which is the date of this decision, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

In this regard, the defendant asserts to the effect that since the content of chemical substances supplied by the plaintiff is less than that of the chemical substances supplied by the plaintiff, the price equivalent to the below content should be deducted, but it is not sufficient to recognize it only by the statement of the certificate of subparagraphs 1 through 3, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is not accepted.

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit, and 2/3 of the costs of lawsuit are determined as the defendant bears the remainder, and it is so decided as per Disposition by the court below, considering the fact that the original claim has been reduced.

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