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1. The Defendant shall pay to the Plaintiff KRW 60,283,712 and the interest rate of KRW 15% per annum from September 5, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of manufacturing and selling plastics, and the Defendant is a personal business operator engaged in the business of manufacturing, such as packaging cards, etc., processing, manufacturing and selling plastic surface with the trade name “D,” and the Plaintiff has supplied the original parts for packaging to the Defendant from around 2005.
B. Promissory notes issued by the Defendant on May 2, 2013, which were issued by the Plaintiff on August 20, 2013, with face value of KRW 15 million, and promissory notes, which were issued on June 27, 2013 and issued on September 10, 2013, with face value of KRW 21.5 million, were refused to pay in default.
C. On December 23, 2013, the Plaintiff filed a lawsuit claiming the payment of promissory notes against the issuer and endorsers of the said Promissory Notes (hereinafter “instant lawsuit”). The said court rendered a final judgment in favor of the Plaintiff on April 22, 2014, after the closing of argument, on May 20, 2014.
According to the above judgment, the plaintiff applied for a compulsory auction E with respect to real estate owned by the defendant, and the decision to commence the auction was made on November 24, 2016.
E. The Defendant filed a claim objection suit with the Busan District Court Branch Branch 2017Kadan201509, which rejected compulsory execution based on the judgment of the said Promissory Notes case.
F. During the lawsuit of demurrer, the Plaintiff and the Defendant organized the details of goods supply between the Plaintiff and the Defendant from February 2, 2013 to January 2016, as the fact that there is no dispute that the details of payment and the details of payment are as indicated in the table below.
The amount paid on the date (paid) shall be KRW 19,43,133,131,433,131,433,131,441,441,453,246 won, 58,585,831,60,831,707,707,760 won 11,675,845,845,8360,505,530,500,000 won on May 19, 2013: