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(영문) 서울중앙지방법원 2014.06.11 2014가합16635

청구이의

Text

1. The Defendant’s decision is based on the Seoul Central District Court Decision 2009Gahap107377 Decided September 22, 201.

Reasons

1. Following the facts of recognition are deemed to have been led by the defendant pursuant to Article 150 of the Civil Procedure Act.

A. On February 2003, the Plaintiff and the Defendant entered into a service contract for advice and vicarious execution of a reconstruction project conducted by the Plaintiff and provided services according to that contract until March 2008.

B. On September 21, 2009, the Defendant filed a lawsuit against the Plaintiff with the Seoul Central District Court 2009Gahap107377, and was sentenced to the judgment of the provisional execution court stating that “The Plaintiff shall pay to the Defendant the amount of KRW 106,048,663 and the amount calculated by the interest rate of 5% per annum from November 17, 2009 to September 22, 201, and 20% per annum from the next day to the date of full payment.”

C. The Plaintiff appealed as Seoul High Court Decision 201Na8926 on August 16, 2013, but the said court rendered a judgment that “the Plaintiff shall pay to the Defendant 1,441,020,124 won and interest calculated at the rate of 5% per annum from March 11, 2008 to August 16, 2013, and 20% per annum from the next day to the date of full payment” including the claims expanded and added at the appellate court.

The above judgment became final and conclusive because both the Plaintiff and the Defendant did not appeal.

After the above judgment became final and conclusive, the Plaintiff deposited KRW 1,744,818,750 on September 2, 2013, and paid KRW 101,266,209 on February 5, 2014, and repaid all remuneration obligations under the above service contract.

2. According to the above facts of recognition, since the defendant's remuneration claims against the plaintiff were fully paid and extinguished, compulsory execution based on the above Seoul Central District Court Decision 2009Gahap10737 Decided September 22, 201 cannot be allowed.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.