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(영문) 춘천지방법원속초지원 2013.10.02 2013가단807
청구이의의소
Text

1. The Defendant’s compulsory execution based on the payment order against the Defendant was KRW 21 million.

Reasons

1. Basic facts

A. On September 11, 2009, the Plaintiff subscribed to the 111th calendars (hereinafter “11th calendars”). The said 11th calendars are 150,000 won and 2.1 million won after receipt of the 11th calendars for a month from January 11, 2013, and the Plaintiff’s 25th calendars. In addition, on September 25, 2009, the Plaintiff subscribed to the 25th calendars (hereinafter “25th calendars”). The said 25th calendars are 150,000 won before receiving the 25th calendars for a month from January 25, 2013, and the Plaintiff’s 28th calendars are 150,000 won after receipt of the 25th calendars.

C. On April 28, 2010, the Plaintiff received KRW 63 million from the Defendant on April 25, 2010.

The Defendant requested an order of payment for delay calculated at a rate of 20% per annum from January 26, 2012 to the delivery date of the original copy of the payment order from January 26, 2012 to the delivery date of the original copy of the payment order, on the ground that the Plaintiff had a duty to pay KRW 69,300,000 for a total of KRW 2.1 million for 33 months from January 25, 2013, even if only a part of the amount was paid, the Defendant applied for the order of payment for delay calculated at a rate of 20% per annum from the next day of the payment date to the date of the original payment order (hereinafter “instant order”) to the Plaintiff on November 21, 2012 (hereinafter “instant order”) and the above order of payment for delay was served on the same date (hereinafter “instant order”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion at KRW 63 million received by the Plaintiff as the guidance of 25th day, ① KRW 12 million in total and interest 3.7 million in relation thereto paid to the guidance of 11th day, ② KRW 105 million in total and KRW 10.5 million in relation to the guidance of 25th day, respectively.

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