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(영문) 서울남부지방법원 2017.02.09 2016가단18696
물품대금 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 97,072,412 as well as 5% per annum from June 17, 2016 to February 9, 2017.

Reasons

1. Facts of recognition;

A. Defendant B operates the fireworks store “G” in Seocho-gu Seoul Metropolitan Government F (hereinafter “F store”), and the Defendants jointly operate the fireworks store “G” in Gangnam-gu Seoul Metropolitan Government H (hereinafter “H store”).

Although the Plaintiff supplied fireworks to Defendant B’s F stores, it did not receive the flowers price.

Therefore, the Plaintiff filed an application against Defendant B for the payment order of Seoul Southern District Court 2012 tea 19488. On November 21, 2012, the court rendered a payment order (hereinafter “the first payment order”) stating that “Defendant B shall pay to the Plaintiff 471,383,000 won per annum from November 1, 2012 to the service date of the original copy of the payment order, and the amount of money calculated at the rate of 6% per annum from the next day to the payment date, and 20% per annum from the next day to the date of complete payment” (hereinafter “the first payment order”). The order was served on Defendant B on November 30, 2012 and became final and conclusive on December 15, 2012.

B. In addition, the Plaintiff filed an application for payment order against the said Defendant as the above court 201th tea1201 with respect to Defendant B’s fireworks, and on August 1, 2013, the court issued an order for payment (hereinafter “the second order for payment”) stating that “Defendant B shall pay to the Plaintiff the amount of KRW 18,326,00 and the amount of money calculated at the rate of 6% per annum from April 27, 2013 to the service date of the original copy of the payment order, and 20% per annum from the next day to the day of full payment” (hereinafter “the second order for payment”). The order was served to Defendant B on August 22, 2013 and became final and conclusive on September 6, 2013.

C. Based on this, the Plaintiff and the Defendants concluded an agreement on April 16, 2014 (hereinafter “instant agreement”).

The main contents of the Agreement are as follows:

1. The plaintiff and defendant B recognize the fact that each of the above payment orders became final and conclusive.

4. The debt owed to the Plaintiff by Defendant B is KRW 261,763,00, which deducts the above KRW 209,620,00 from the first payment order of KRW 471,383,00, and the litigation cost of KRW 1,149,780, the second payment order of KRW 18,326,00, and the litigation cost of KRW 376,980, and the calculation of interest is for the calculation of interest.

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