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1. The Defendant’s KRW 4,502,968 as well as the Plaintiff’s annual rate from May 5, 2018 to May 3, 2019, and the next day.
Reasons
1. Facts of recognition;
A. On October 25, 2010, the Plaintiff filed an application with C (hereinafter “C”) for a payment order stating that “216,079,928 won and the amount equivalent to 20% per annum from the day following the delivery of the payment order to the day of complete payment.” The said payment order was finalized on November 13, 2010.
(Seoul Central District Court 2010 tea73797).(b)
On October 13, 2009, the Defendant entered into an insurance contract with the Korea Credit Guarantee Fund to secure the goods payment claim against C with the insurance amount of KRW 210,00,000, and the insurance period of KRW 210,00,000 from October 13, 2009 to October 12, 2010. After that, upon the occurrence of the insurance accident due to C’s bankruptcy, the Defendant claimed the Korea Credit Guarantee Fund to pay insurance amount of KRW 774,897,629 (the goods payment for January or August 2010) on October 27, 2010, and received KRW 774,897,629 (the goods payment for KRW 106,319,950 on November 10, 201, KRW 94,053,597 on April 94, 597, and KRW 93,209,597 on September 29, 2096.
C. On November 23, 2010, the Defendant filed a claim against C for a payment order stating that “650,000,000 won and damages for delay shall be paid at the rate of 20% per annum from the day following the delivery of the payment order to the day of full payment.” The above payment order was finalized on December 14, 200.
(Seoul Central District Court 2010 tea83704). D.
C’s creditor Co., Ltd. commenced a compulsory auction procedure on March 14, 201 with respect to the building E located in ASEAN owned by C (the Daejeon District Court SupportF for the Daejeon District Court; hereinafter “instant auction procedure”), and the Defendant, according to the above payment order, submitted a bond statement stating the sum of KRW 650,000,000, interest of KRW 162,410,958 (interest calculated at the rate of 20% per annum from November 30, 2010 to February 28, 2012) of the total of KRW 815,763,198 (interest calculated at the rate of 20% per annum from February 28, 2012 following the delivery date of the payment order).
[Distribution Schedule] The total sum of principal and interest on the amount of credit (cost) with the right to claim dividends of creditors shall be G.