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(영문) 서울북부지방법원 2021.03.09 2020가단10104

손해배상금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The status of the parties, etc., the Plaintiff, the Defendant, the C, the friendship, and the Defendant and C are the Plaintiff’s words.

B. A related civil suit 1 between the Plaintiff and C is against the Plaintiff on or around 2015. C around September 29, 1998, KRW 24 million around March 27, 1999, KRW 48 million around August 10, 1999, KRW 10 million on or around August 30, 199, KRW 10 million, and KRW 30 million on April 18, 2003, respectively, and was not paid part of this principle.

The Plaintiff filed a lawsuit seeking payment of interest or deductible expenses from April 18, 2003 against the Plaintiff (former District Court Decision 2015DaGa35715 Decided April 18, 2003). The Defendant repaid the Plaintiff’s debt to C in excess of KRW 11,835,500, and even if part of the Plaintiff’s loan debt remains, the statute of limitations expired.

In addition to the dispute over the above claim of the plaintiff, the plaintiff filed a counterclaim claiming the payment of 11,835,50 won as the above excess repayment, and the interest or delayed damages against C (the above court 2016Ga 9713 case of return of unjust profit).

On June 21, 2017, the above court ordered C to pay the amount calculated by the rate of 24% per annum from April 18, 2003 to the date of full payment, and sentenced C to the dismissal of the remainder of the main claim and the plaintiff's counterclaim.

2) On the judgment of the first instance court, the Plaintiff appealed [former District Court Decision 2017Na778 (Main Claim), 2017Na7685 (Counterclaim)]. On January 18, 2019, the said appellate court ordered C to pay the Plaintiff 59,232,14 won and 20,394,28 won among them at a rate of 24% per annum from August 31, 2013 to the date of full payment, and dismissed all remaining appeals and counterclaims against the Plaintiff.