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(영문) 대전지방법원천안지원 2017.11.17 2017가합547
물품대금
Text

1. The Defendant’s KRW 470,000,000 as well as the Plaintiff’s 20% per annum from March 21, 2007 to August 18, 2017, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an order against the Defendant for the payment of KRW 470,000,00,000, including the amount for supply of original goods and loans, and the amount for delayed payment thereof (Seoul District Court Decision 2007Ra487, Jyang-si, Seoul District Court 2007Da487), and on March 16, 2007, the Cheongyang-si court ordered the Defendant to pay the Plaintiff the amount of KRW 470,000,000 and the amount calculated at the rate of KRW 20% per annum from the day following the day when the original copy of the payment order was served to the day when the payment order was repaid.

The above payment order is called the payment order in 2007.

(B) On March 207, 2007, the original copy of the payment order was served on the Defendant. B. On April 3, 2017, the Plaintiff filed an application for the instant payment order against the Defendant for the purpose of extending the prescription period of the claim under the payment order in 2007. 【No. A’s evidence for recognition” and the purport of the entire pleadings.

2. According to the above facts finding as to the claim, the defendant is obligated to pay to the plaintiff 470,000,000 won according to the payment order in 2007 and the damages for delay calculated at the rate of 20% per annum, which is the interest rate under the payment order in 2007, from March 21, 2007, the service date of the original copy of the payment order in 2007 to August 18, 2017, which is the service date of the original copy of the payment order in this case sought by the plaintiff, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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