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(영문) 의정부지방법원고양지원 2019.07.24 2019가단2165
추심금
Text

1. The Defendant’s annual interest in KRW 85,051,797 and KRW 61,557,825 from January 19, 2019 to May 31, 2019.

Reasons

According to each of the statements and arguments set forth in Gap 1 through 6, the plaintiff supplied goods to Eul Co., Ltd. (hereinafter "the non-party company"). The non-party company prepared a notarial deed under a monetary loan agreement (Law Firm D 2018 No. 12) with a loan amount of KRW 500 million to the plaintiff for the payment of the price for the goods. On December 3, 2018, the plaintiff was decided to seize and collect 100 million out of the loan claims and the price for the goods against the defendant of the non-party company with the title of execution (this court 2018TT 12468), and the same month.

6. The fact that the above decision was served on the Defendant, the loans extended to the Defendant of the non-party company to the non-party company shall exceed KRW 30,00,000,000 as interest rate of KRW 23,473,972 as of January 18, 2019, and the amount of goods shall be 31,57,825 as of January 3, 2017.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 85,051,797, which the Plaintiff seeks within the scope of the principal and interest of the loan and the amount of the goods, and KRW 61,557,825, which is the sum of the leased principal and the amount of the goods, to the Plaintiff, 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 19, 2019 to May 31, 2019, and delay damages calculated at the rate of 12% per annum under the same Act from the next day to the day of full payment.

The plaintiff's claim is justified and accepted.

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