beta
(영문) 서울남부지방법원 2015.06.05 2015가합1995

청구이의

Text

1. The Seoul Southern District Court Decision 2012Gahap20162 decided November 15, 2013 and the Seoul High Court (Seoul Southern District Court) against the Defendants’ Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Defendants filed a lawsuit against the Plaintiff seeking payment of the collection amount under Seoul Southern District Court 2012Gahap20162, Nov. 15, 2013 (hereinafter “Defendant 1”) with the effect that “The Plaintiff shall pay to Defendant B 10,845,558 and 5,112,560 won among them, and KRW 59,650,602 to the luminous Cable Co., Ltd. (hereinafter “luminous Cable”) and KRW 28,119,085 each year from January 23, 2013 to November 15, 2013, and KRW 20% per annum from the following day to the date of full payment” (hereinafter “the judgment of the first instance judgment”).

(2) On October 14, 2014, the judgment of the court of first instance was issued with the purport that the Defendants permitted provisional execution in relation to the claims held against the Plaintiff. The Plaintiff appealed the judgment of the court of first instance as Seoul High Court 2013Na77838, and the part against the Plaintiff ordering the Plaintiff to pay in excess of KRW 1,154,03 won and KRW 6,347,020 to Defendant B among the judgment of the court of first instance was revoked, and the Defendants’ claim against the Plaintiff corresponding to the revoked part was dismissed (hereinafter “the judgment of second instance”). The judgment of the court of second instance became final and conclusive on November 5, 2014.

3) While the Plaintiff intended to repay the obligations against the Defendants pursuant to the judgment of the first instance and the second instance, but refused to receive the Defendants, the Plaintiff deposited KRW 1,442,398 in the sum of the principal and interest of the Defendant B as Seoul Southern District Court Decision 2014, Nov. 17, 2014; and KRW 7,940,208 in the aggregate of the principal and interest of the Defendant Mine Cable as Seoul Central District Court Decision 2623, Nov. 18, 2014; and KRW 7,940,208 in the aggregate of the principal and interest of the Defendant Mine Cable as Seoul Central District Court Decision 2014, Nov. 23, 2014. [In the absence of any dispute over the grounds for recognition, the facts in this court, significant facts in this

B. According to the facts of the above recognition of the trademark, the plaintiff was born to the defendants according to the court of first instance and the court of second instance.