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(영문) 서울남부지방법원 2018.04.25 2017가단28829
추심금
Text

1. The Defendant’s KRW 130,600,000 as well as 5% per annum from October 28, 2016 to April 25, 2018 to the Plaintiff.

Reasons

1. According to Gap evidence No. 1 to 5 of the judgment as to the cause of the claim, NaBa Co., Ltd. (hereinafter referred to as "NaBari"), NaBa Co., Ltd. (hereinafter referred to as "NaBari") has a claim for KRW 758,667,478 of the year based on the final and conclusive judgment (Seoul Southern District Court 2015Gahap109035) against the defendant, and damages for delay. NaBari issued a bill at sight of KRW 130,60,000 to the plaintiff on October 7, 2016, and delayed the payment of the above bill, even if a notary public is subject to compulsory execution, it is recognized that there is no objection (hereinafter referred to as "notarial deed of this case") to the defendant, ③ the plaintiff has a collection order issued by the court of Seoul Southern District Court 2016Na12260, 3060, 1600 and 201.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the collection right holder, 130,600,000 won with 5% per annum as stipulated in the Civil Act from October 28, 2016 to April 25, 2018, which is the date of the sentencing of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, to the date of receiving the above collection order.

The Plaintiff asserts that the Defendant should pay damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 28, 2016 to the date of full payment. However, the statutory interest rate as stipulated in the above Act applies from the day following the delivery of the complaint seeking the performance of the monetary obligation to the obligor.

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