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(영문) 울산지방법원 2018.05.10 2018가합295

가액배상금

Text

1. The Defendant’s KRW 400,000,000 as well as 5% per annum from September 13, 2007 to February 24, 2018 to the Plaintiff.

Reasons

1. Indication of claim;

A. The plaintiff filed a lawsuit against the defendant et al. against the defendant et al. against Busan District Court 2004Gahap15129, and on September 13, 2006, the above court rendered a judgment on the plaintiff's claim against the defendant on July 5, 2006 that "the purchase and sale reservation and sales contract between the defendant and C as to each building listed in the separate sheet shall be revoked within the limit of KRW 891,90,000 each within the limit of KRW 891,90,000. The defendant shall pay to the plaintiff the amount of KRW 891,90,000 with interest of KRW 5% per annum from the date of the final judgment of this case to the date of full payment. The defendant appealed with Busan High Court 2006Na18938, but the above court dismissed the appeal on August 24, 207, and the above judgment became final and conclusive on September 13, 2007 (hereinafter "the judgment of this case").

B. In order to extend the extinctive prescription of a claim established by the preceding judgment of this case, the Plaintiff seeks payment of money, such as the written claim.

C. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 400,000 corresponding to the amount sought by the Plaintiff out of the amount for which the obligation to pay according to the prior judgment of this case was recognized, and the damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from September 13, 2007 to the delivery date of a duplicate of the complaint of this case, which is the date of the final judgment of this case, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).