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(영문) 인천지방법원부천지원 2015.04.10 2014가합10198
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 222,477,185 and the interest rate of KRW 20% per annum from October 24, 2014 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 3 (including branch numbers), the plaintiff supplied materials, such as steel plates, to the defendant on September 13, 2013. The plaintiff supplied the defendant with materials, such as steel plates, and the defendant entered into a "cooperative contract" with the plaintiff with the contents that the plaintiff would distribute the said steel plates to the plaintiff when sales proceeds accrue after processing the said steel plates, etc. and then distributing them (hereinafter "the contract of this case"). Accordingly, the plaintiff supplied the defendant with materials, such as steel plates equivalent to KRW 256,639,651, from October 2013 to September 2014. For the same period, the fact that the defendant's rent or processing costs incurred by the use of some of the plaintiff's factory and equipment as above are 96,80,000,000.

On the other hand, the fact that the defendant received KRW 130,962,466 out of the above material price and rent and processing cost is the plaintiff.

Therefore, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff 22,47,185 won (=(256,639,651 won) - 130,962,466 won) including the price of the materials that are not paid to the plaintiff and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 24, 2014 to the date of full payment as requested by the plaintiff.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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