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(영문) 대구지방법원 2016.08.31 2016나5458
횡령금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. According to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff was issued a payment order (hereinafter "first payment order") from Daegu District Court racing support (2005 tea 4778) on December 9, 2005 to "the defendant shall pay to the plaintiff 2,50,000 won and the amount equivalent to 5% per annum from August 9, 2004 to the service date of the original copy of the instant payment order, and 20% per annum from the next day to the day of complete payment." The above payment order becomes final and conclusive on January 5, 2006, and the plaintiff may recognize the fact that he applied for the payment order of this case (hereinafter "the payment order of this case") on December 10, 205 for the interruption of the prescription of the claim of the first payment order.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 2,50,000 per annum from August 9, 2004 to December 21, 2005, which is the delivery date of the original copy of the payment order from August 9, 2004, to December 21, 2005, which is the delivery date of the original copy of the payment order from December 22, 2005, to December 16, 2015, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).

2. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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