beta
(영문) 수원지방법원평택지원 2015.08.20 2015가단1487

청구이의

Text

1. The Defendant’s repayment of loans to the Plaintiff at the Suwon District Court 2013Hun-Ga 2530 (principal lawsuit) and the Defendant’s counterclaim 6259 (Counterclaim).

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff on October 25, 2013 against the Plaintiff for the payment of KRW 40,000,000 and damages for delay thereof, which had not been repaid by the Suwon District Court at KRW 20,000,00. The Plaintiff filed a lawsuit against the Defendant for the return of unjust enrichment at KRW 20,000 and damages for delay thereof (No. 2013Gadan62599). The Suwon District Court at KRW 2013da2530 (No. 2013dada6259) paid the Plaintiff the above loans at KRW 20,000 and KRW 20,000 (No. 200,000 and KRW 20,000,000). The Plaintiff’s judgment was dismissed at KRW 360,000 and KRW 20,000 (No. 20,000 and KRW 360,000).

B. C filed a lawsuit against the Defendant for the payment of KRW 100,000,000 and damages for delay thereof, and subsequently rendered a judgment on July 16, 2014 that “the Defendant shall pay C the amount of KRW 100,000,000 and the amount calculated at the rate of KRW 20% per annum from October 8, 2013 to the date of full payment.”

C. C is based on the original copy of the judgment rendered by Suwon District Court Decision 2014TTT4863, Suwon District Court Decision 2013Da14786, Suwon District Court Decision 2013Da2530 (principal lawsuit) on the basis of the original copy of the judgment, and 40,000,000 of the leased principal owed by the Defendant against the Plaintiff based on the final judgment of 2013Kadan6259 (Counterclaim), and 24% per annum from July 1, 2007 to the date of full payment, with respect to KRW 20,000,000 among the leased principal owed by the Defendant against the Plaintiff, and with respect to KRW 20,000,000 from March 1, 2013 to the date of full payment.