1. The Plaintiff, Defendant Co., Ltd., 50,000,000 won, Defendant B’s KRW 150,000,000, and Defendant C’s KRW 100,000.

Description of Claim

The plaintiff cited the part 320,002,00 won of the goods-price claim against D was ordered to be paid by the Incheon District Court 2012j9343, and the above payment order became final and conclusive as the passage of the objection period.

The plaintiff is the executive title of the above final payment order. The plaintiff received a claim of KRW 50 million against D's claim for the purchase price of goods at KRW 20,000,000 from Suwon District Court, which was KRW 2012,6376, and the original copy of the above collection order was served on the above defendant on October 29, 2013. The plaintiff received the claim of KRW 150,000 against D's claim for purchase price of goods at KRW 150,00,000 against the defendant Eul and the claim for purchase price of goods at KRW 100,000 against the defendant Eul under the same support 2013,4626, and received the original copy of the above collection order from the defendant C on July 25, 2013, and from the defendant B on July 29, 2013.

Pursuant to the theory of non-litigation based on recognition (Article 208(3)1 and Article 257 of the Civil Procedure Act), the Plaintiff is obligated to pay damages for delay at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 31, 2013 to the date following the date on which the copy of the complaint in this case was served on the Defendants, and from the date on which the copy of the complaint in this case was served on the Defendants, the Defendant C is obligated to pay damages for delay at the rate of 50 million won per annum from December 31, 2013 to the date of full payment.

The Plaintiff dismissed the part of the Plaintiff’s claim against the Defendants for the delayed payment from the date of delivery of each of the above collection orders. However, it is not from the time when the garnishee received a delivery of the collection order from the execution court, but from the following day after receiving the claim for the collection money from the execution creditor after the issuance of the collection order (see Supreme Court Decision 2010Da47117, Oct. 25, 2012). The Plaintiff’s claim exceeds the above recognition scope.