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(영문) 춘천지방법원속초지원 2020.11.03 2020가단21963
손해배상
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from February 23, 2010 to the date of full payment.

Reasons

1. Facts of recognition and judgment

A. Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 and 3, the Plaintiff filed a payment order against the Defendants with Seoul Eastern District Court 2010 tea630, and filed a payment order with the Defendants, stating that “the Defendants jointly and severally filed the instant payment order with the Plaintiff at the rate of 20 million won per annum from the next day of the delivery of the original copy of the payment order to the Plaintiff and the day of the full payment, and the payment of the expenses for the demand procedure” (hereinafter “instant payment order”). The Defendants were paid the instant payment order on February 22, 2010 on the ground that the Defendants did not raise any objection thereto even though they were served with the payment order on March 9, 201, and the Plaintiff filed the instant lawsuit around June 22, 2020 for the interruption of the extinctive prescription of claims based on the original copy of the instant payment order.

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 20 million won and damages for delay calculated at the rate of 20% per annum from February 23, 2010 to the date of full payment.

B. As to this, the Defendants asserted that the statute of limitations expired ten years after the date when the above payment order became final and conclusive.

However, according to the evidence No. 2-1 and No. 2-2 of December 1, 2010, the Plaintiff filed an order for the seizure and collection of the instant payment order with Defendant B as the executive title, with the original copy of the instant payment order with Defendant B as the debtor, under the title of execution, as the Suwon District Court Branch Branch 2010TT2051, Dec. 13, 2010, upon receipt of the said decision, and the above order was served on the garnishee on December 16, 2010, and each of the Defendant B served on August 20, 201. On February 10, 2012, the Plaintiff filed an application with the Suwon District Court for the seizure and collection order with Defendant B as the executive title, with the original copy of the instant payment order as the debtor, and received the above order on February 14, 2012 from the debtor on February 14, 2012 and the above order on February 31, 2012.

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