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1. The Defendant shall pay to the Plaintiff KRW 36,005,486 and the interest rate of KRW 20% per annum from December 27, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On July 30, 2014, the Plaintiff received a decision of provisional attachment (hereinafter “decision of provisional attachment”) No. 2014Kadan117 from the Daegu District Court on the claim of KRW 33,414,300 among the claims for the purchase of goods against the Defendant by Taeyang Co., Ltd. (hereinafter “debtor”), and the said decision was served on the Defendant on July 30, 2014.
B. On November 12, 2014, the Plaintiff filed an order to pay the price for the goods with the Daegu District Court Branch Branch Branch 2014 tea1249, and paid the Plaintiff the amount calculated by the rate of KRW 35,887,500 per annum to the Plaintiff and 20% per annum from the day following the day when the payment order became final and conclusive to the day of full payment.
C. On November 24, 2014, based on the original copy of the above executory payment order, the Plaintiff transferred the above provisional seizure of the claim amounting to KRW 33,414,300, out of the price of goods held by the obligor company against the Defendant, to the original seizure of the claim, and additionally issued a seizure and collection order of the claim that seizes the claim amounting to KRW 2,591,186, and the above order was served on the Defendant on November 27, 2014.
On the other hand, on July 30, 2014, the amount of goods to be paid by the debtor company to the defendant is KRW 43,657,020.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the collection obligee, the amount of KRW 36,005,486, and damages for delay calculated at the rate of 20% per annum from December 27, 2014 to the day following the delivery of a copy of the complaint in this case, to the day of full payment.
The Plaintiff filed a claim with the Defendant for delay damages of 20% per annum from November 28, 2014 to the date of full payment, following the date on which the decision on the seizure and collection order was served.