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(영문) 서울중앙지방법원 2019.10.16 2019나19343
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The plaintiff asserted against the defendant that "the claims against C, D, E, and F, Co., Ltd. were transferred in succession through G Co., Ltd." as Seoul Central District Court Decision 2008Ka105392, the plaintiff filed an application for payment order claiming payment of "18,275,469 won per annum from October 25, 2003 to the service date of the original copy of the payment order" and 17% per annum from the next day to the service date of the original copy of the payment order, and the amount calculated at 20% per annum from the next day to the day of complete payment, and the original copy of the payment order was served to the defendant on January 15, 2009, and the fact that the above payment order became final and conclusive on January 30, 2009 can be recognized by the statement of evidence No. 1 or it is significant to this court.

Therefore, as the plaintiff seeks, the defendant is obligated to pay the above KRW 18,275,469 as well as damages for delay calculated at the rate of 17% per annum from October 25, 2003 to January 15, 2009, 20% per annum from January 16, 2009 to September 30, 2015, and 15% per annum from the next day to the date of full payment. The plaintiff filed an application for the payment order of this case to suspend the extinctive prescription of the above claim on November 20, 2018.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is justified on the grounds of its conclusion, the defendant's appeal is dismissed on the grounds of its merit, and it is so decided as per Disposition.

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