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(영문) 춘천지방법원강릉지원 2019.10.15 2019가단1219
추심금
Text

1. The Defendant: (a) KRW 56,474,627 for the Plaintiff and its related KRW 56,474,627 each year from April 18, 2019 to October 15, 2019; and (b) on October 16, 2019.

Reasons

1. According to Gap evidence Nos. 1 through 4 of the judgment on the cause of the claim, since the plaintiff filed a lawsuit against Eul for the claim for reimbursement amount of KRW 46,646,253 and KRW 30,276,028 among these costs, the plaintiff is obligated to pay the plaintiff the collection amount of KRW 20% per annum from June 1, 2005 to December 21, 2013, and KRW 5% per annum from December 22, 2013 to KRW 20, KRW 274,627,253, and KRW 30,276,028 among them, and KRW 16,370 to the plaintiff, KRW 16,370,225, and KRW 274 to the defendant, KRW 206, KRW 274,674, KRW 2785,575, KRW 2786,475,2757, etc. of the collection order to the plaintiff.

2. As to the Defendant’s defense, the Defendant asserted that KRW 25.8 million, which the Defendant repaid to the Plaintiff, should be deducted from KRW 82,274,627,00,00 which the Defendant paid to the Plaintiff. As such, C, from June 30, 2016 to January 24, 2019, has no dispute between the parties to the reimbursement. If the obligor pays interest, expenses, and interest in addition to the original, if the obligor is liable to pay the principal, the reimbursement has to be made in the order of the expenses, interest, and principal (Article 479(1) of the Civil Act), and thus, the reimbursement should be made in the order of the principal (Article 479(1) of the Civil Act). The foregoing KRW 25.8 million, among the Plaintiff’s claims corresponding to the collection amount, KRW 454,295, interest KRW 35,345,79,745,745,745,76,47,7546,7,747

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