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1. The Defendant’s KRW 5,785,00 and the following day shall be 5% per annum from April 17, 2013 to July 21, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 29, 2013, the Defendant filed an order with the Plaintiff to pay for the payment of goods with the Busan District Court Branch Branch 2013 tea275, and the said court issued an order to pay the Plaintiff the payment of KRW 18,235,070, and damages for delay calculated at the rate of 20% per annum from the day following the delivery date of the above payment order to the day of full payment, and KRW 34,220,00 per annum (hereinafter “instant payment order”), and the above payment order was finalized on February 19, 2013.
B. On the other hand, on February 13, 2013, the Defendant: (a) against the Plaintiff on February 13, 2013, as Busan District Court Branch Branch Branch Branch 2013Kadan251, the Defendant was determined on the provisional attachment of claims against the Plaintiff’s third party debtors, with the Plaintiff’s obligor’s and the third party obligor’s character, the company’s superior S&S, and the claim amount of KRW 18,235,070 (hereinafter “instant provisional attachment”); (b) the Defendant was determined on the provisional attachment of claims against the Plaintiff’s third party debtors (hereinafter “instant provisional attachment”); and (c) thereafter, the said decision became final and conclusive.
C. On February 25, 2013 upon the instant payment order, the Defendant: (a) transferred the debtor and the third debtor to Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch 201,000 won in total of KRW 18,479,235,070 in the principal amount of the said payment order and damages for delay; (b) KRW 209,820 in the payment order; and (c) KRW 34,220 in the payment demand procedure expenses; and (d) transferred the provisional seizure of KRW 8,235,070 in the above bonds to the debtor, the Defendant was issued the provisional seizure and assignment order (hereinafter “instant seizure and assignment order”); and (d) the above order became final and conclusive on March 31, 2013, and was served on the debtor, who is the debtor, on March 31, 2013.
The defendant is based on the instant payment order on March 14, 2013.