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(영문) 울산지방법원 2016.07.06 2016가단89
대금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,460,305 and the interest rate of KRW 15% per annum from January 26, 2016 to the day of full payment.

Reasons

1. The Defendant’s determination as to the cause of the claim does not conflict between the parties as to the amount to be returned from January 10, 2012 to October 2015, out of the amount received in advance from the Plaintiff as the payment for scrap metal, while engaging in scrap metal transactions with the Plaintiff from October 10, 2012.

Therefore, the Defendant is obligated to pay to the Plaintiff the above KRW 45,460,305 as well as damages for delay calculated at the rate of 15% per annum from January 26, 2016 to the day of full payment, which is stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which is the day following the delivery date of the instant complaint

2. The defendant's assertion asserts that since the plaintiff promised to destroy and repair the entrance doors, columns, signboards, etc. of the defendant's workplace while transporting scrap metal from the defendant's workplace using the vehicle, the defendant should deduct or offset the total repair cost of KRW 7,147,00 from the money to be paid by the defendant.

However, since the evidence Nos. 1 and 2 alone is insufficient to recognize that the plaintiff damaged the facilities of the defendant's workplace, the defendant's assertion is rejected.

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