logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2021.02.09 2020가단56368
약정금
Text

The defendant's KRW 131,470,000 to the plaintiff and its related KRW 5% per annum from March 7, 2008 to August 31, 2020.

Reasons

1. In full view of the purport of the arguments in Gap evidence No. 1, the plaintiff did not receive 131,470,000 won agreed upon from the defendant on March 6, 2008 and applied for a payment order claiming payment of delayed damages at a rate of 5% per annum from the day after the original copy of the payment order was served to the defendant in 2008 to the day of complete payment. On February 27, 2008, the court issued the payment order ordering the defendant to pay the above amount (hereinafter "advance payment order"), which was issued to the defendant on February 27, 2008, and the above payment order became final and conclusive on the 21st day of the same month from the day after being served to the defendant on March 6, 2008, the defendant had an obligation to pay the above amount to the plaintiff at a rate of 131,470,000 won and the amount of damages in this case from 200 to 38.27.208.

2. As to this, the Defendant filed the instant lawsuit ten years after the date on which the previous payment order became final and conclusive, and thus, the claim for the agreed amount based on the previous payment order has expired due to the completion of prescription.

As a defense, the facts that the preceding payment order became final and conclusive on March 21, 2008 are as mentioned above, and it is clear that the plaintiff applied for the payment order of this case on August 10, 2020 after ten years thereafter. However, according to the evidence evidence No. 2, the plaintiff applied for the seizure and collection of the claim against the defendant's deposit claim against the defendant's corporation, etc. on the ground of the claim under the preceding payment order of 2008, and it can be acknowledged that the seizure was made on June 12, 2008 and the seizure was made until now on June 12, 2008 (the fixed district court's High Court's High Court's High Court's High Court's High Court's 2008 branch court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's 4033).

arrow