손해배상(기)
1. The defendant's KRW 28,665,00 for the plaintiff and 6% per annum from August 21, 2007 to November 29, 2007.
1. Determination as to the cause of claim
A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement Nos. 1 and 2 as evidence:
① On November 29, 2007, the Plaintiff filed a lawsuit against the Defendant and Dongwon District Court for damages (2006Gahap3745). On November 29, 2007, the said court rendered a judgment of winning part of the Plaintiff’s claim (hereinafter “the judgment of the previous suit of this case”) that “The Defendant and Dong branch Construction Co., Ltd. jointly and severally pay to the Plaintiff the amount of KRW 28,665,00 and the amount calculated at the rate of 6% per annum from August 21, 2007 to November 29, 2007, and 20% per annum from November 29, 2007 to the date of full payment.”
② On May 16, 2008, the appellate court dismissed the Defendants’ appeal and the judgment on June 10, 2008 against the Defendant was finalized on June 10, 2008.
(See Supreme Court Decision 201Do3198 delivered on August 27, 2018).
The plaintiff filed the lawsuit in this case for the purpose of extending the statute of limitations of the claim based on the judgment of the previous suit in this case. The defendant is obligated to pay to the plaintiff 28,65,000 won and damages for delay calculated by the rate of 6% per annum from August 21, 2007 to November 29, 2017 and 20% per annum from the next day to the date of full payment.
2. Judgment on the defendant's assertion
A. The defendant asserts that the plaintiff received part of the judgment amount of the previous suit in the procedure of compulsory execution, such as compulsory auction on the real estate owned by the defendant and seizure on the movable property owned by the defendant after the judgment of the previous suit in this case was rendered.
However, it is insufficient to recognize the fact that the Plaintiff received a part of the judgment amount of the instant lawsuit in the compulsory execution procedure with respect to the real estate and movable owned by the Defendant only with the statement of evidence Nos. 1 through 5, and otherwise, evidence to acknowledge it.