beta
(영문) 전주지방법원 2018.05.09 2017가단27572

청구이의

Text

1. Defendants’ Jeonju District Court Decision 2015Kahap5964 decided September 23, 2016, and Jeonju District Court.

Reasons

1. Facts of recognition;

A. The Defendants filed a lawsuit against the Plaintiffs with the Jeonju District Court 2015Kahap5964, and on September 23, 2016, the same court rendered a lawsuit. The Defendants paid 24,99,99 won per annum to the Defendants; 16,66,66 won per annum from July 28, 2015 to June 17, 2016; 5% per annum from the next day to the date of full payment; 15% per annum to the date of full payment; 8,333 won per annum from the next day to September 23, 2016 to the date of full payment; 15% per annum to the date of full payment; 36% per annum from the next day to the date of full payment; 15% per annum to the date of full payment; 25% per annum to the date of full payment; 36% per annum to the date of full payment; 16.36% per annum to the date of full payment; 16.36% per annum

B. The Plaintiffs and the Defendants were dissatisfied with the instant judgment of the first instance court and filed an appeal under Gwangju High Court No. 2016Na948, but the appellate court rendered a judgment dismissing all appeals filed by the Plaintiffs and the Defendants on May 8, 2017. The instant judgment of the first instance court became final and conclusive on May 26, 2017.

C. Meanwhile, on October 21, 2016, the Plaintiffs deposited the total amount of principal and interest for the Defendants as deposited as the principal and interest for the first instance judgment of the instant case (hereinafter “the instant deposit”). Upon the Defendants’ request, the Defendants deposited KRW 3,154,200, which is the total sum of the determination of litigation cost amount of August 8, 2017, the Jeonju District Court 2017Kao10139 (hereinafter “instant determination”) and deposited KRW 3,154,200, which is the sum of the determination of litigation cost amount of August 8, 2017 (hereinafter “instant determination”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence of subparagraphs 1 through 5, Eul's evidence of subparagraphs 1 through 5 (including branch numbers), the whole purport of pleading

2. Determination

A. Determination as to the cause of the claim.