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1. The Defendant’s annual interest in KRW 49,382,077 and KRW 47,564,212 among the Plaintiff, from February 2, 2019 to October 30, 2019.
Reasons
1. Indication of claims: To be as described in [attached Form];
However, the plaintiff filed a claim for the payment of damages for delay from December 17, 2018, when the collection order was served to the defendant, but the collection order is limited to granting the creditor the right to collect the claim against the third debtor, and it does not require the third debtor to pay the creditor the amount equivalent to the amount of the claim attached to the execution creditor, or setting the payment deadline. Thus, it is not from the time when the execution court receives the delivery of the collection order from the execution court, but from the date when the third debtor receives the claim for the collection from the execution creditor after the issuance of the collection order.
On January 30, 2019, as seen earlier, the Plaintiff sent the content-certified mail demanding the Defendant to pay the collection amount, and thus, barring any special circumstance such as return, it shall be deemed that it was served on February 1, 2019 at the latest, and therefore, on February 2, 2019, from February 2, 2019 to October 30, 2019, 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
2. Grounds for recognition: Facts without dispute, entries in Gap evidence 1 through 11, and purport of the whole pleadings;