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(영문) 의정부지방법원고양지원 2019.10.02 2019가단76142
물품대금
Text

1. The defendant shall pay 22,00,000 won to the plaintiff and 20% per annum from January 10, 2009 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 16, 2008, the Plaintiff (D Co., Ltd.) filed an application with the Defendant for a payment order claiming for the payment of KRW 22 million and delay damages against the Defendant under the Jung-gu District Court Goyang Branch 2008 tea3757 on December 16, 2008. On December 22, 2008, the above court issued the payment order to the Plaintiff for the payment of KRW 22 million and the amount calculated at the rate of 20% per annum from January 10, 2009 to the date of full payment (hereinafter “instant payment order”). The instant payment order was finalized on January 24, 2009.

B. On January 11, 2019, the Plaintiff filed an application for the instant payment order for the extension of the statute of limitations for the claim based on the preceding payment order.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff 22 million won and damages for delay calculated at the rate of 20% per annum from January 10, 2009 to the date of full payment. The lawsuit of this case is a re-litigation for the interruption of extinctive prescription.

3. The plaintiff's claim for conclusion is justified and accepted.

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