판결금 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 45,418,257 and the interest rate of KRW 20% per annum from December 20, 2014 to the date of full payment.
1. According to the evidence Nos. 1-2, 1-2, and 2-2 of the judgment payment obligation, in the lawsuit claiming the return of down payment filed by the Plaintiff against the Defendant on September 14, 2007, “the Defendant shall pay the Plaintiff the amount of KRW 1.5 billion per annum from June 27, 2003 to November 25, 2006, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment,” and the appeal is dismissed, and the above judgment becomes final and conclusive on June 20, 2008 (Ycheon District Court Branch Decision 2006Ga6910, Seoul High Court Decision 2007Na95811), and the instant lawsuit was filed for the interruption of the extinctive prescription of the judgment claim, barring any special circumstance, the Defendant shall be obligated to pay interest and delay damages as part of the judgment that the Plaintiff seeks.
2. As to the defendant's defense of repayment
A. The gist of the defense is that the Defendant’s claim for the judgment was most repaid upon the extinguishment of enforcement claim as an effect of performance according to an assignment order, based on the Plaintiff’s receipt of dividends and the claim for judgment based on the execution claim, and if the repayment was paid in court in order of damages for delay and the original repayment, the judgment payment obligation remains only “the amount calculated at the rate of 20% per annum from January 30, 2015 and from January 30, 2015.”
B. The following facts are acknowledged as having no dispute between the parties or as a whole by taking account of the overall purport of the pleadings as stated in the evidence Nos. 1 through 9 (including each number). (A) The Plaintiff was distributed dividends of KRW 520,220,086 (= KRW 390,061,623, Jun. 27, 2008) in the distribution procedure (with the title of execution of the claim for the said judgment as the claim for the said judgment as the source of execution (Article 130,061,623, Jun. 27, 2008).
B. As of May 13, 2009, the creditor, the debtor, the defendant, the third debtor debtor D Co., Ltd. (hereinafter "D"), the claimed amount of KRW 1,924,985,392, the above judgment deposit claim, and the defendant and D are acceptable.