(영문) 서울동부지방법원 2020.05.07 2019가단22709

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(영문) 서울동부지방법원 2020.05.07 2019가단22709

물품대금

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1. The defendant shall pay to the plaintiff 31,50,000 won with 15% per annum from January 16, 2020 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff, while engaging in the physical business with C’s trade name, sold the parent-employee group, etc. to the Defendant from July 26, 1996. 2) The Defendant issued respectively a promissory note with a face value of KRW 18 million and a face value of KRW 13.5 million from D, a customer, and endorsed each of the said notes on October 22, 1997 and delivered each of the said notes to the Plaintiff on November 24, 1997.

3) After that, each of the above bills was settled in default, and on April 10, 1998, the Plaintiff sent to the Defendant a mail demanding the payment of the price for the goods to be paid in KRW 87,026,000. 4) The Plaintiff filed an application against the Defendant for payment order against the Defendant for the price for the goods to be paid in KRW 18,00,000 with the Busan District Court 9j6573, and with the same court 9j10682, the same court 9j10682.

The payment order above 9.6573 was served on the defendant on March 6, 1999 for the same year.

3. 21. Final and conclusive, the payment order above 9.10682 was served on the defendant on April 16, 1999 and has been served on the defendant for the same year.

5.1. Finality has been made.

5) In order for the extension of the statute of limitations after ten years have passed since the issuance of the payment order as above, the Plaintiff again applied for a payment order against the Defendant for the payment of goods under Seoul Eastern District Court 2009j1586 and the court 2009j3649. 6) The above payment order states that “the Defendant shall pay the Plaintiff the amount of KRW 18 million and the amount of money at a rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment.” The original copy is served on the Defendant on March 25, 2009 and the same year.

4.9. Finality was established.

7 The payment order above 2009j3649 is that "the defendant shall pay to the plaintiff 13.5 million won and to the plaintiff 20% interest per annum from the next day of the service of the original copy of the payment order of this case to the day of full payment." The original copy is served to the defendant on April 13, 2009.

4. 28. A final and conclusive date.

[Ground of recognition] Evidence A Nos. 1 through 6.

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