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1. On February 22, 2018, the Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Order 2018 tea 976898.
Reasons
In Seoul Central District Court Decision 2018 tea976898, which the Defendant filed against the Plaintiff, “the Plaintiff shall pay to the Defendant damages for delay calculated at the rate of 27.9% per annum 27.9% from February 22, 2018 to the date of full payment, with respect to KRW 1,908,335, and KRW 1,803,656, whichever is earlier, to the Defendant.” The fact that the above payment order was finalized at that time (hereinafter “instant payment order”), and the fact that the Plaintiff, on October 24, 2019, paid the Defendant the principal and damages for delay under the instant payment order to the Defendant on both the principal and the damages for delay. There is no dispute between the parties.
According to the above facts, since the obligations under the payment order of this case were extinguished by the plaintiff's full repayment of obligations, compulsory execution based on the payment order of this case shall be dismissed.
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.