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(영문) 대구지방법원서부지원 2016.06.16 2014가합612
물품대금
Text

1. The Defendant: (a) KRW 10,629,124 to the Plaintiff; and (b) KRW 6% per annum from November 1, 2013 to June 16, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of the claim: (a) the Plaintiff has been engaged in the transaction of supplying various kinds of originals to the Defendant from March 2012; and (b) as of October 31, 2013, the fact that the outstanding amount of the purchase price of the radars supplied by the Plaintiff to the Defendant remains at KRW 10,629,124 (including value-added tax; hereinafter the same shall apply) does not conflict between the parties.

(1) The Plaintiff’s assertion that the Defendant is obligated to pay the Plaintiff the amount of the total amount of KRW 145,476,50,00, which the Plaintiff keeps, is insufficient to recognize the fact that the Defendant is obligated to pay the amount of the outstanding amount to the Plaintiff, on March 27, 2015. However, there is no evidence to acknowledge that the confession was contrary to the truth and due to mistake. Rather, according to the evidence No. 13, the Defendant’s representative director can be acknowledged to the effect that the Defendant appeared as the complainant in the case of a criminal complaint against the Plaintiff. However, in addition to the above original amount, the Plaintiff’s assertion that the Defendant is obligated to pay the amount of the outstanding amount of KRW 145,476,50, which is the Plaintiff’s custody, is insufficient to acknowledge the fact that each statement of evidence No. 6 (including the provisional number, hereinafter the same), and there is no other evidence to acknowledge it. Rather, even according to the Plaintiff’s assertion itself, it is reasonable to deem the Plaintiff’s claim for the above original amount to the Defendant.

Therefore, barring any special circumstance, the Defendant is 10,629,124 won from November 1, 2013, which the Plaintiff sought against the Plaintiff, and 15% per annum as stipulated in the Commercial Act until June 16, 2016, and 15% per annum as stipulated in the Special Act on the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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