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(영문) 부산지방법원 서부지원 2018.10.24 2018가단5742
물품대금
Text

1. The Defendant’s KRW 35,893,980 for the Plaintiff and its related KRW 6% per annum from September 30, 2017 to May 3, 2018, and on May 4, 2018.

Reasons

1. Facts of recognition;

A. From April 28, 2017 to June 16, 2017, the Plaintiff supplied the Defendant with building materials, such as Typties and implements equivalent to KRW 67,654,730, respectively.

B. On June 9, 2017, the Plaintiff received respectively KRW 11,760,750 out of the price of the said goods, and KRW 8,00,000 on August 21, 2017, and KRW 31,760,750 on September 12, 2017, respectively.

[Reasons for Recognition] A without dispute, Gap evidence 1 to 5 (including each number), witness B's testimony, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the remaining goods price of 35,893,980 won (67,654,730 won - 31,760,750 won) and damages for delay calculated by the ratio of 15% per annum under the Commercial Act from September 30, 2017 to May 3, 2018, the delivery date of the copy of the payment order of this case, from September 30, 2017 to May 3, 2018, and from the next day to the day of full payment.

3. The defendant's assertion argues that only 35,897,730 won were supplied by the plaintiff, and that no tools or equipment equivalent to 31,757,00 won were supplied. However, as seen earlier, the defendant can be found to have received construction materials from the plaintiff, such as typiles and implements equivalent to 67,654,730 won.

Therefore, the defendant's argument is not correct.

4. Conclusion, the plaintiff's claim is legitimate, and it is so decided as per Disposition.

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