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1. The Defendant shall pay to the Plaintiff KRW 79,00,000 and the interest rate of KRW 15% per annum from July 20, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On September 30, 2017, D Co., Ltd. (hereinafter “D”) had a claim for the amount of goods worth at least KRW 79,000,000 to the Defendant.
B. On November 7, 2017, the Suwon District Court rendered a provisional attachment order of the amount not later than KRW 108,000,000 out of the claim against D for the purchase price of goods against D, upon the Plaintiff’s request that the claim against D for the purchase price of goods be preserved right, and the written decision was served on November 13, 201 of the same year.
C. On June 5, 2018, the Suwon District Court rendered a seizure and collection order to transfer the above provisional seizure to the provisional seizure on the basis of the Plaintiff’s request for the claim for the payment of goods between the Plaintiff and D on April 5, 2018. On the other hand, the court issued a seizure and collection order to the amount until the amount reaches KRW 108,00,000, out of D’s claim for the payment of goods to the Defendant. The written decision issued the same year.
6.11. The defendant was served on 11.
[Ground of recognition] The fact that there is no dispute, Gap 3-6, and the purport of the whole pleading
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the collection right holder, the amount of KRW 79,00,000, and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 20, 2018 to the day of full payment, which is the day following the delivery of the instant payment order.
B. The Defendant’s assertion asserts that: (a) on September 30, 2017, the Defendant paid the full amount of the goods price obligations to D in cash.
However, evidence Nos. 1 and 2 may have been prepared retroactively after the delivery of the above provisional attachment order, and even according to evidence Nos. 4 and 5, the defendant did not withdraw cash in August 2017, and the defendant also submitted to D with the exception of September 30, 2017.