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(영문) 수원지방법원안양지원 2015.11.25 2015가단15687
계금
Text

1. As to KRW 14,501,370 and KRW 5,000 among them, the Defendant shall pay to the Plaintiff the year from July 3, 2015 to September 30, 2015.

Reasons

According to Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant against the defendant as Suwon District Court 2004Gapo35455, and on November 8, 2005, "the defendant shall pay 5,000,000 won to the plaintiff until December 31, 2005: Provided, That if the defendant delays the payment of the above money, it shall be paid by adding an amount at the rate of 20% per annum from the day following the day of payment to the day of full payment, and it is recognized that the court confirmed on December 2, 2005."

Therefore, the defendant is obligated to pay to the plaintiff 9,501,370 won per annum from January 1, 2006 to July 2, 2015, the delivery date of a copy of the complaint (payment order) of this case, and damages for delay calculated by the rate of 20% per annum from July 3, 2015 to September 30, 2015, and damages for delay calculated by the rate of 20% per annum from July 3, 2015 to September 30, 2015 and damages for delay calculated by the rate of 15% per annum from the next day to the day of full payment.

Although the defendant asserts that the extinctive prescription of the above obligation has expired, where the payment order case is implemented as a lawsuit due to the debtor's objection, the interruption of prescription due to the payment order is occurring at the time of application for the payment order (see Supreme Court Decision 2014Da228440, Feb. 12, 2015). The defendant's assertion is rejected since it is apparent in the record that the plaintiff applied for the payment order on June 4, 2015, prior to the expiration of the extinctive prescription period of the claim based on the written decision in lieu

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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