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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
Basic Facts
The plaintiff filed a lawsuit against the defendant for the payment of the construction cost of KRW 4,027,90 and its delay damages (the Changwon District Court 96 Ghana1785) and received a favorable judgment. The above judgment was finalized on June 22, 1996.
In addition, the plaintiff filed a lawsuit against the defendant for the payment of the promissory note amounting to KRW 3,00,000,000 and its delay damages (the Changwon District Court 97 Ghana1477) and rendered a favorable judgment, and became final and conclusive around that time.
In order to seek the payment of the claim against the defendant under each of the above judgments around April 2007, the plaintiff filed an application with the plaintiff for the payment order that "the defendant shall pay to the plaintiff 4,027,90 won and the amount calculated by the rate of 25% per annum from December 1, 1996 to the date of complete payment (hereinafter "the plaintiff 1 claim"), 3,000,000 won, and the amount calculated by the rate of 6% per annum from December 31, 1994 to October 1, 1997, and the amount calculated by the rate of 25% per annum from the next day to the date of full payment (hereinafter "the amount of the claim 2 claim of this case") to the defendant (the court of Changwon District Court issued the payment order to the defendant on April 27, 2007, and the above court issued the payment order to the defendant on April 16, 2007.
(hereinafter “instant payment order”). On July 4, 2014, the Plaintiff concluded a delegation contract with a new credit information company (hereinafter “new credit information company”) to request collection of the instant claim 1.
From July 25, 2014 to November 25, 2015, the Defendant repaid to the Plaintiff KRW 3,200,000,000, in total, once a month, through a new credit information.
【In the absence of dispute over the ground of recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 and 3, and the ground of claim as a whole of the pleadings, the plaintiff sought payment of the principal of the claim No. 1, damages for delay from December 1, 1999, damages for delay, and damages for delay from December 1, 199, and the second claim, and thus, the payment order of this case became final and conclusive.