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1. The Defendant shall pay to the Plaintiff KRW 181,743,704 and the interest rate of KRW 15% per annum from January 10, 2017 to the date of full payment.
Reasons
Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 3, and 4, and evidence Nos. 2-1 through 8, the plaintiff supplied goods equivalent to KRW 181,743,704 in total to the defendant from November 2005 to June 2006. The plaintiff applied for a payment order against the defendant on November 16, 2006 by the Incheon District Court Decision 2006Da25675, and was issued a payment order for the above goods price and delayed payment order. It can be acknowledged that the above payment order became final and conclusive on May 9, 2007.
There is no evidence to acknowledge that some of the above goods have been repaid after the payment order became final and conclusive.
Thus, the defendant is obligated to pay damages for delay at the rate of 15% per annum from January 10, 2017 to the date following the delivery date of the original copy of the instant payment order, which is obvious from January 10, 2017 to the date of complete payment. Thus, the plaintiff's claim of this case for the interruption of the prescription period of the claim based on the above payment order is justified, and it is so decided as per Disposition.