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(영문) 서울중앙지방법원 2015.05.15 2014가합58790

청구이의

Text

1. The Seoul Central District Court Decision 2013Gahap49577 decided May 2, 2014 and the Seoul High Court Decision 2015.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if there is an entry in Gap evidence 1 to 10 plus an overall purport of the pleadings:

The judgment of the court of first instance and the judgment of the appellate court of this case 1) The Seoul Central District Court, which is the legal ground of the first instance, filed a lawsuit against the Plaintiff and C for the claim of the purchase-price refund on May 2, 2014 (hereinafter “the judgment of the court of first instance”) that held that the Defendant shall pay the Plaintiff (the Defendant of this case), the Defendant C, the amount of KRW 109,50,000, the amount of KRW 100,000 among the amount of the Defendant and each of the above amounts, and the amount of KRW 5% per annum from July 111, 2013 to May 2, 2014, and the amount of KRW 20% per annum from the next day to the date of full payment” (hereinafter “the judgment of the court of first instance”).

2) On April 17, 2015, the Seoul High Court accepted part of the Defendant’s conjunctive claim, which was accepted as follows: “Defendant A (the Plaintiff of this case) jointly with Defendant C, paid 9,50,000 won per annum from July 11, 2013 to April 17, 2015, and 20% per annum from the next day to the day of full payment.” The Seoul High Court rendered an incidental appeal, and the Seoul High Court, which was the cause of the appeal, dismissed all the appeals filed by C and the Plaintiff, Defendant’s incidental appeal, and Defendant’s incidental claim. However, Defendant A (the Plaintiff of this case) declared that “The Plaintiff of this case shall pay 9,50,000 won per annum to the Plaintiff (the Plaintiff of this case) and interest per annum 20% per annum from the next day to the day of full payment” (the appellate court of this case’s judgment was finalized on April 21, 2015; hereinafter “instant appellate court”).

B. On December 2, 2014, the Plaintiff deposited 117,324,045 won (i.e., principal amount of KRW 100,000,000 + KRW 15,835,615 + KRW 15,838,430 + auction expenses + KRW 1,48,430) for the Defendant (Seoul Central District Court).