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(영문) 창원지방법원 2020.01.23 2019가합52747
전부금
Text

1. The Defendants’ respective KRW 30,000,000 to the Plaintiff, respectively, and Defendant B from October 4, 2019 to Defendant D Co., Ltd.

Reasons

1. On the basis of the executory payment order in the Busan District Court Decision 2019Da1967, Busan District Court Decision 2019Da101619, the Plaintiff filed an application for a seizure and assignment order with respect to the amount equal to KRW 30,000,000 among the claims against the Defendants of G Co., Ltd., based on the executory payment order in the case of goods payment for G Co., Ltd., and received a seizure and assignment order from the above court on February 26, 2019. The above decision was served and finalized to the Defendants around that time.

The plaintiff shall claim against the defendants the total amount of KRW 30,000,000 as well as damages for delay calculated at the rate of 15% per annum from the day following the delivery date of a copy of the complaint of this case to the day of complete payment.

2. Article 208 (3) 1 of the Civil Procedure Act:

3. The statutory interest rate of 12% per annum from June 1, 2019 pursuant to the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Partial Dismissal (wholly amended by Presidential Decree No. 29768, May 21, 2019) and Articles 1 and 2(2) of the Addenda of the aforementioned provision is applicable, and the part in excess of the Plaintiff’s claim for damages for delay is without merit.

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