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(영문) 서울중앙지방법원 2018.02.06 2017나44727

기타

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. A. Around 2001, the Defendant asserted that “B, an employee of the Plaintiff, embezzled part of the money received from the Defendant as a security deposit for accident report and caused the Defendant to default,” and filed a lawsuit seeking the payment of damages under U.S. District Court 2001 Ma3685. On December 4, 2002, the above court dismissed the Defendant’s claim that “the Plaintiff shall pay damages at the rate of 5% per annum from March 25, 192 to December 4, 2002; 205% per annum from the next day to December 25, 2002; 30% per annum from the next day to the date of complete payment; 25% per annum from the date of complete payment; 36% per annum from the date of the above judgment to the date of complete payment; and 20% per annum 25% per annum from the above judgment to the date of complete payment.” However, the Defendant revoked the Defendant’s claim for the payment of damages based on the Defendant’s embezzlement and 2536% 26.

The defendant's appeal against this was dismissed on September 25, 2008, and the above judgment became final and conclusive as it is.

(hereinafter the above judgment of the appellate court is "the first judgment" and the claim for the return of provisional payment based on the above judgment is "the claim for the return of provisional payment of this case". (b)

1) On March 25, 1992, the Defendant filed a lawsuit against the Plaintiff at the Ulsan District Court 201Kadan25212, and filed a claim for return of KRW 45,00,000, out of the money deposited as security for accident report, on March 25, 1992. The appellate court (Ulsan District Court 201Na5513, Aug. 2, 2014) (Ulsan District Court 2012Na513, Aug. 25, 2014).