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The defendant shall pay 272,672,184 won to the plaintiff and 20% per annum from May 14, 2014 to the day of complete payment.
Reasons
1. On November 6, 2009, the Plaintiff filed a payment order with the Defendant and C seeking payment for the purchase price of goods with this Court No. 2009Da4410, and the Plaintiff received payment order with the purport that “The Defendant and C shall jointly and severally pay to the Plaintiff KRW 331,347,500 and delay damages therefor, and KRW 174,240 as expenses for demand procedure.”
C repaid KRW 353,521,880 to May 13, 2014. From April 20, 2010 to May 13, 2014, the Plaintiff appropriated KRW 294,846,564 from December 3, 2009 to May 13, 2014, with priority over damages for delay and expenses for demand procedure, and the remainder of KRW 58,675,316 (=35,521,80 - 294,846,564) to the principal.
Therefore, the Defendant is obligated to pay to the Plaintiff 272,672,184 won (=31,347,500 won - 58,675,316 won) and damages for delay calculated at the rate of 20% per annum from May 14, 2014 to the date of full payment after the date of final payment (the date of final payment). The Plaintiff filed the instant lawsuit to suspend the extinctive prescription of the claim for the finalized payment order.
2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;