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1. As to KRW 403,917,163 and KRW 165,49,54 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 24, 2018 to November 1, 2018.
Reasons
In full view of the statement and the purport of the argument as to Gap evidence No. 1, the plaintiff applied for a payment order against the defendant for the payment of the indemnity amount (the amount of indemnity amount acquired by subrogation by the plaintiff who is the guarantor for the defendant's CF and D D D D D D D D D D D D D D D D D D D D D D D) under the court 208Da3835, Nov. 10, 2008, "the defendant applied for a payment order with the payment order of KRW 165,495,54 for the plaintiff from October 31, 2008 to the delivery date of the authentic copy of the payment order, and KRW 20% per annum from the next day to the date of complete payment." The above payment order was issued to the defendant on January 2, 2009, and the fact that the plaintiff applied for the payment order of this case for the suspension of the claim finalized as above.
According to the facts found above, the Defendant bears the Plaintiff’s obligation to pay 403,917,163 won and 296,309 won, including the principal amount of indemnity 165,495,54 won and damages for delay from October 23, 2018 to October 23, 2018, with 12% interest rate per annum from October 24, 2018 to November 1, 2018, which is the delivery date of the original copy of the instant payment order, and 15% per annum per annum from November 24, 2018 to May 31, 2019, and damages for delay from June 1, 2019 to 20% per annum from the Special Act on the Promotion, etc. of Legal Proceedings to the date of the original copy of the instant payment order.
The plaintiff's claim of this case is justified and accepted.