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(영문) 창원지방법원통영지원 2020.12.16 2020가단1294
매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,780,000 and the interest thereon from December 18, 2009 to the date of full payment.

Reasons

1. The payment order under the purport that "the defendant jointly and severally pays to the plaintiff 30,780,000 won and the amount calculated by 20% per annum from the day following the delivery date of the original payment order with respect to the payment order for the above KRW 30,780,000 to the day of full payment" was delivered to the defendants on December 17, 2009 and confirmed on January 1, 2010 shall be deemed to have been led by the defendant Eul pursuant to Article 150 (3) of the Civil Procedure Act between the plaintiff and the defendant pursuant to Article 150 (1) of the Civil Procedure Act, and between the plaintiff and the defendant C, it shall be deemed that the defendant C led to the confession pursuant to Article 150 (1) of the Civil Procedure Act.

In addition, the fact that the plaintiff filed the lawsuit in this case on December 13, 2019 for the interruption of extinctive prescription of the claim for purchase price under the above payment order is significant in this court.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 30,780,000 won and damages for delay calculated at the rate of 20% per annum from December 18, 2009 to the day of full payment, which is the day following the service day of the original original payment order.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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