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(영문) 인천지방법원부천지원 2015.04.29 2014가합1712
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 110,64,576 as well as 20% per annum from January 7, 2015 to the day of complete payment.

Reasons

1. A cited part;

A. Claim No. 1) The Defendant was awarded a subcontract from Samsung T&T Co., Ltd. for 10,64,576 won (i.e., 151,214,976 won - 40,50,400 won (including value-added tax) and supplied concrete bricks and blocks equivalent to 151,214,976 won (including value-added tax) to the Defendant from May 4, 2013 to October 7, 2013, after concluding a contract for supply of concrete bricks and blocks to be used at the construction site in question with the Defendant, but the Plaintiff was not paid the remainder of 110,664,576 won (i.e., 151,214,976 won - 40,500 won).

3) Therefore, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from January 7, 2015 to the day of full payment, which is the day following the day when the application for the instant payment order was served on the Defendant, to the day of full payment.

2. The part dismissing the Plaintiff asserts to the effect that: (a) during the period from May 4, 2013 to October 7, 2013, the Plaintiff supplied concrete bricks and blocks to the Defendant, supplied them to the Defendant; and (b) as of October 21, 2013, the Plaintiff did not recover KRW 1,001 from the Defendant; (c) as of October 21, 2013, the Defendant had the obligation to pay the Plaintiff KRW 10,010,000 (= KRW 10,000 x 1,001) as compensation for damages due to the non-return of the set.

Although the Plaintiff does not explicitly seek the payment of KRW 10,00,000 for damages due to the return of path not, according to the Plaintiff’s sales ledger (Evidence 1) and each statement of official document (Evidence 3) sent by the Plaintiff to Samsung C&T Co., Ltd., the Plaintiff’s claim amount of KRW 120,674,576 out of KRW 120,674,576, and thus, the Plaintiff’s claim amount of KRW 10,010,000 for the recovery of path not.

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