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1. The Defendant amounting to KRW 60,000,000, and to KRW 12% per annum from May 3, 2016 to December 26, 2018, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On November 15, 2016, the Plaintiff filed an application with the Changwon District Court for a payment order seeking a loan with respect to C, and on November 15, 2016, the said court ordered the Plaintiff to pay the amount of KRW 100 million per annum from May 3, 2016 to November 17, 2016 (the delivery date of the original payment order), 12% per annum from May 3, 2016 to the delivery date of the original payment order, and 15% per annum from the next day to the full payment date.” The said payment order became final and conclusive on December 2, 2016.
B. C repaid each of the Plaintiff, KRW 20 million on July 10, 2017, and KRW 20 million on August 1, 2017.
C. C has a loan claim of KRW 120 million to the Defendant.
See the protocol of pleadings dated 17, 2019. D.
On October 23, 2018, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) regarding the total amount of KRW 134,888,774 from the Changwon District Court Branch Branching 2018T (hereinafter “C”) based on the above payment order, with regard to KRW 134,88,774, and the said collection order was served on the Defendant on October 26, 2018.
[Ground of recognition] Unsatisfy, entry in Gap evidence 1-6 (including branch numbers), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, etc., the Defendant appears to have determined that the amount calculated by the ratio of 12% per annum from May 3, 2016 to December 26, 2018, the delivery date of a copy of the complaint of this case, as the Plaintiff seeks, to the Plaintiff, and the amount for which the Plaintiff seeks payment to the Defendant, calculated by the ratio of 15% per annum from the next day to the day of complete payment, as the amount of the Plaintiff’s claim against C (the amount under the above payment order). Thus, the Plaintiff’s claim amount is specified on the basis of damages for delay as to the remaining 60 million won after all repayment was appropriated to the principal.
corporation shall be liable to pay the corporation.
However, the defendant shall perform the above performance obligation only within the limit of KRW 120 million against the defendant C.