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Reasons
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(영문) 서울중앙지방법원 2020.07.17 2019나8152
손해배상(기)
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1. The plaintiff's primary claim added by this court is dismissed.

2. The plaintiff's appeal is dismissed.

3...

Reasons

1. Basic facts

A. On October 7, 2015, the Plaintiff: (a) received from the Defendant a notary public’s certificate of a promissory note from the Defendant on KRW 65,00,000 at a face value of 58,000; and (b) on November 20, 2015, a promissory note certificate written by the Defendant as the Defendant and the Plaintiff (hereinafter “notarial deed of this case”); and (c) transferred KRW 60,50,000 to the Defendant on October 8, 2015, the following day.

B. On January 6, 2016, the Plaintiff was issued a seizure and collection order (hereinafter “instant collection order”) against the Defendant’s deposit claims against the Defendant’s bank, etc. based on the instant authentic deed as Busan District Court 2015TTTT 2015TT 55405, and the amount claimed is KRW 65,032,40,00 (the amount of KRW 65,000,000 and the cost of enforcement KRW 32,400). The instant collection order was served on the third debtor on January 11, 2016, and on January 28, 2016, respectively.

C. The Plaintiff to pay the collection amount from D Hospital, the Defendant’s employer, KRW 21,62,50 on January 15, 2018, and the same year.

2. 19,267,500 won, and the same year;

3. 19,267,500 won, and the same year.

4.0. 4,874,90 won in total and 65,032,400 won in a notarial deed of this case received full payment for collection based on the notarial deed of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 9, and Eul No. 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. In order to claim damages for delay against the issuer of the primary claim, the bill shall be presented for payment. However, it shall be deemed that the presentation was made at the time when the collection order of this case was delivered to the Defendant. Thus, the Defendant shall pay damages for delay at the rate of 6% per annum as stipulated in the Commercial Act, from February 4, 2016 following the day when the collection order of this case was served to the Defendant, at the rate of 65,00,000 won per annum. Accordingly, the Defendant shall pay damages for delay against the Defendant the remainder of 7,924,362 won after deducting the amount collected by the Plaintiff from the principal and interest of the bill.

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