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1. The Seoul Western District Court 2017 tea2511 against the Defendant’s Plaintiff order to execute a branch assignment order.
Reasons
1. Basic facts
A. The Defendant filed an application against the Plaintiff for a payment order for the price of goods with the Plaintiff from March 2008 to June 25, 2015, Seoul Western District Court Decision 2017 tea 2511 to June 25, 2015, the said court decided that “the Plaintiff shall pay to the Defendant the amount of KRW 21,188,450 and the interest rate of KRW 15% per annum from September 12, 2017 to the date of full payment,” and the said payment order was finalized on September 26, 2017.
B. The Plaintiff and the Defendant continued to engage in continuous transactions from March 2008 to June 25, 2015, and the balance of the Plaintiff’s price of goods against the Defendant is KRW 12,508,100, and the obligation from March 2008 to July 30, 2012 is KRW 5,560,500.
C. The Plaintiff has been a person who had the balance of the goods price for the Defendant for the said period of time as KRW 6,947,600 ( KRW 12,508,100 - KRW 5,560,500).
[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings
2. On July 30, 2012, the Plaintiff asserts that the extinctive prescription has expired for a debt up to July 30, 2012 out of the balance of the above goods.
The Seoul Western District Court's 2017 tea2511 case was received in this court on September 1, 2017, and the claim five years have passed since the statute of limitations expired. Thus, the above 5,560,500 won's obligation was extinguished by the statute of limitations.
Therefore, the Plaintiff is obligated to pay the Defendant the difference in KRW 6,947,60 ( KRW 12,508,100 - KRW 5,560,500) and delay damages.
3. If so, the defendant's compulsory execution based on the original of the payment order with executory power in the Seoul Western District Court Decision 2017 tea2511 against the plaintiff is denied within the scope of the amount exceeding 6,947,60 won per annum from September 12, 2017 to the date of full payment. The plaintiff's remaining claims are dismissed. The decision to suspend compulsory execution as of November 17, 2017 to the Seoul Western District Court Decision 6,947,600 won and its 15% per annum from September 12, 2017 to the date of full payment.