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1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual rate from November 8, 2017 to January 10, 2018.
Reasons
1. Indication of claim;
A. On October 23, 2014, the Plaintiff applied for a payment order against B and C with the Busan District Court No. 2014Guj14314, and on October 23, 2014, the payment order was issued to the Plaintiff, “B and C shall jointly and severally serve on the Plaintiff KRW 268,720,127, and the amount of KRW 12% per annum from October 13, 2014 to the delivery date of the original copy of the instant payment order, and the amount of KRW 352,697 per annum from the next day to the date of full payment, and the amount of KRW 352,697 per annum from the next day to the date of full payment,” and the above payment order was served to the Plaintiff, B and C on October 30, 2014, respectively, and was finalized on November 14, 2014.
B. On June 9, 2017, the Plaintiff: (a) issued a collection order for the seizure and collection of claims against the principal and interest of a loan that C has against the Defendant on the basis of the executory exemplification of the payment order issued by the Busan District Court Decision 2017TTTTT 2017TT 5484; (b) KRW 409,808,204 on the basis of the executory exemplification of the payment order issued by the Busan District Court Decision 2014Da14314 (i.e., KRW 268,720,127 for delay damages of KRW 140,735,380 for delay damages of KRW 262,697). (c) On June 15, 2017, the Defendant was served
C. As of June 20, 2017, the above C had a loan claim of KRW 240,000,000 against the Defendant as of June 20, 201, and a claim of interest equivalent to KRW 60,000,000.
Therefore, the Defendant is obligated to pay the Plaintiff a total of KRW 240,000,000, interest on the loan, KRW 60,000,000,000, which is a total of KRW 300,000,000,00, which is the day following the delivery date of the copy of the complaint of this case from November 8, 2017 to January 10, 2018, which is the day following the delivery date of the copy of the complaint of this case, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;
3. On November 7, 2017, the delivery date of a copy of the complaint of this case, the Plaintiff partially dismissed.