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(영문) 대전지방법원천안지원 2017.11.02 2017가단105346

청구이의

Text

1. On July 28, 2016, the Daejeon District Court Decision 2016Kao1075 decided to determine the costs of lawsuit against the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. On July 28, 2016, the Defendant received a final decision on the amount of litigation costs against the Plaintiff, stating that “The amount of litigation costs that the Plaintiff is obligated to reimburse to the Defendant by the instant provisional disposition prohibiting issuance of new shares between the Plaintiff and the Defendant is KRW 1,562,015” (the Daejeon District Court Decision 2016Kadan1075, hereinafter “the instant decision on the determination of the amount of litigation costs”), and the said decision became final and conclusive on December 13, 2016.

B. Meanwhile, the Plaintiff filed a lawsuit against the Defendant with the Seoul Central District Court (2013Gahap82802, 2014Gahap515057). On February 13, 2015, the said court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 247,00,000 and 20% per annum from April 19, 2014 to the date of full payment.”

C. The defendant Na

On March 5, 2015, the Seoul Central District Court deposited 278,497,580 won (Seoul Central District Court No. 4885, 2015) after deducting withholding tax from the judgment amount and interest accrued until the date of deposit, by designating the deposited person as the Plaintiff. D.

As follows, the Plaintiff filed an appeal with the Seoul High Court on the part against which it lost among the above judgment 2013Gahap82802 (Mains) and 2014Gahap515057 (Counterclaim) [2015Na2016826 (Mains), 2015Na201683 (Counterclaim)]. On March 25, 2016, the remainder, excluding interest on the Plaintiff’s separate loans (68,580,000) among the judgment of the first instance, and interest thereon (68,580,000 won) and damages therefor, were modified as follows. The Defendant filed an appeal with the lower court on the grounds that: (a) 5% per annum from October 17, 2013 to January 6, 2014; and (b) 20% per annum from the next day to the date of full payment; (c) 2016Da2164164, Feb. 16, 2014