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(영문) 대구지방법원 2019.10.23 2019나311567

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 14, 2017, the Defendant filed a lawsuit against the Plaintiff for unjust enrichment with the Daegu District Court 2016Kadan130100, and rendered a judgment in favor of part of the provisional execution declaration stating that “the Plaintiff (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) the amount of KRW 169,742,598 per annum 5% from December 9, 2016 to September 14, 2017, and the amount of money calculated at the rate of 15% per annum from the next day to the day of full payment.”

B. The Plaintiff filed an appeal against the foregoing judgment with the Daegu District Court 2017Na312566, and the appellate court rendered the appeal on June 28, 2018, "Defendant in the first instance judgment" (the Plaintiff in the instant case) in the judgment of June 28, 2018, KRW 156,742,598 against the Plaintiff (the Defendant in the instant case) and its therefrom from December 9, 2016 to 2018;

6. up to 28. 28. 5% per annum and 15% per annum from the next day to the day of full payment, the part against the defendant (the plaintiff in this case) which exceeds the part against which the plaintiff (the plaintiff in this case shall be revoked, and a judgment was rendered to dismiss the plaintiff (the plaintiff in this case)'s claim corresponding to the revoked part.

C. On July 13, 2018, the Defendant appealed on the above appellate judgment. D.

On July 27, 2018, after the date the judgment of the appellate court was rendered, the Plaintiff deposited the Defendant with the Daegu District Court KRW 170,785,017, totaling the principal and interest of the obligation according to the above judgment of the appellate court, with the Daegu District Court KRW 2018,5830, and the Defendant received the full amount of the deposit on August 6, 2018.

E. On October 4, 2018, the Supreme Court dismissed the appeal against the appellate judgment rendered earlier by the Defendant, and accordingly, the remaining judgment of the first instance except the part partially revoked by the appellate judgment became final and conclusive.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. According to the above facts of recognition, the claim indicated in the final judgment of the Daegu District Court on September 14, 2017, which is the executive title stated in the purport of the claim, is final and conclusive.