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(영문) 창원지방법원 2016.05.27 2015가단88505

청구이의

Text

1. The Defendant’s construction work price at the Changwon District Court No. 2011Na3958 (the principal office), and the 201Na3965 (Counterclaim) against the Plaintiff.

Reasons

In fact, the Defendant filed a principal suit against the Plaintiff on the claim for construction cost of 2008da20730, and the Plaintiff also filed a counterclaim against the Defendant for the claim for construction cost of 2009da30925 at the court.

On February 22, 2011, this Court rendered a judgment that "the plaintiff shall pay to the defendant 659,600 won and interest thereon at the rate of 5% per annum from April 22, 2008 to February 22, 2011, and 20% per annum from the next day to the date of full payment."

As to this, the Defendant and the Plaintiff appealed each of the appeals against this Court No. 2011Na3958 (principal lawsuit), No. 201Na3965 (Counterclaim) (Counterclaim). On May 30, 2012, this Court rendered a ruling that “The Plaintiff shall pay to the Defendant 1,882,800 won and the amount calculated by the rate of 5% per annum from April 22, 2008 to May 30, 2012, and 20% per annum from the next day to the date of full payment.”

(hereinafter “instant judgment.” As to this, the Defendant and the Plaintiff appealed each of the Supreme Court Decision 2012Da57163 (Mains) and 2012Da57170 (Counterclaim), but the Supreme Court rendered a judgment dismissing all of the appeals on September 13, 2012, and the instant judgment became final and conclusive on the same day.

Around October 26, 2015, the Plaintiff issued a notice to the effect that the Plaintiff would offset the amount that the Plaintiff would pay to the Defendant according to the instant judgment (i.e., the principal amount of KRW 3,550,50,00 (i.e., damages for delay up to KRW 1,667,700) and the amount of litigation costs (i.e., the damages for delay up to KRW 1,882,80) and the amount of litigation costs (i.e., the amount of litigation costs of this case) that the Defendant would have to pay to the Plaintiff according to the final decision on the amount of litigation costs (hereinafter “final decision on the amount of litigation

On November 3, 2015, the Plaintiff again pays to the Defendant the amount of KRW 3,558,750 under the instant judgment = Principal = 1,82.