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(영문) 서울남부지방법원 2020.06.10 2020가단206797
구상금
Text

1. The defendant shall pay to the plaintiff KRW 30,607,482 as well as 5% per annum from July 25, 1997 to April 2, 2010.

Reasons

1. The Plaintiff filed against the Defendant a claim for the return of provisional payments equivalent to 5% per annum from July 25, 1997 to the service date of the original copy of the instant payment order, and 20% per annum from the next day to the day of full payment, as the Seosan Branch of the Daejeon District Court 2010 tea 232.

Accordingly, on March 31, 2010, the above court held that the payment order of this case was 'the payment order of this case'.

A) The Defendant was served with a payment order on April 2, 2010, and the Defendant did not raise an objection. The instant payment order was finalized on April 17, 2010. 【The fact that there was no dispute over the grounds for recognition, the entries in Gap’s evidence Nos. 1 and 2, and the purport of the entire pleadings.

2. Determination and conclusion, the plaintiff's claim for the interruption of the extinctive prescription period under the payment order of this case is reasonable. Thus, the defendant is obligated to pay to the plaintiff 30,607,482 won and damages for delay calculated by the rate of 5% per annum from July 25, 1997 to April 2, 2010, the delivery date of the original copy of the payment order of this case, 20% per annum from the next day to March 15, 2020, the delivery date of the copy of the complaint of this case, and 12% per annum from the next day to the day of full payment.

Inasmuch as the plaintiff's claim is reasonable, it is so decided as per Disposition with the acceptance of the claim.

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