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(영문) 울산지방법원 2016.11.30 2015나21219

손해배상(기)

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Determination on the main claim

A. The facts of recognition (1) The defendant filed a lawsuit against the plaintiff for a loan claim against the plaintiff (A) with U.S. District Court 91Da95444, Oct. 17, 1991 that "the plaintiff shall pay 500,000 won to the defendant and 5% per annum from Jun. 1, 1990 to Aug. 20, 1991, and 25% per annum from the next day to the date of full payment." The above judgment was finalized on Nov. 21, 1991.

After that, on December 13, 1991, the Plaintiff deposited the above judgment amount of KRW 569,870 to the Defendant with the above court amount of KRW 91-2677.

(B) The defendant filed a lawsuit against the plaintiff for the loan claim against the plaintiff as Busan District Court Decision 94Da60052, 157,800 won, but was dismissed on February 17, 1995, and it appealed as Busan District Court Decision 94Na3692, but was sentenced to the dismissal of appeal on September 28, 1995. The defendant again appealed as Supreme Court Decision 95Da4765, Jan. 23, 1996, but the above judgment became final and conclusive around that time.

(C) The Defendant filed a lawsuit against the Plaintiff seeking reimbursement of the amount of money in Ulsan District Court Decision 2006 Ghana63283, which was 230,000 won. The Ulsan District Court rendered a decision of performance recommendation as above to the Plaintiff on July 14, 2006, and the said decision became final and conclusive around that time.

However, the plaintiff filed a lawsuit of demurrer against the defendant to refuse compulsory execution based on the decision on performance recommendation as the Ulsan District Court 2007Kadan7446, and was sentenced as the petitioner on May 8, 2007.

Accordingly, the defendant appealed with the Ulsan District Court 2007Na1890, but was sentenced to the dismissal of appeal on May 29, 2008, and again appealed with the Supreme Court 2008Da42669, which was sentenced to the dismissal of appeal on September 11, 2008 and the above judgment became final and conclusive around that time.