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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
The plaintiff in the process of a lawsuit related to basic facts brought a lawsuit against the defendant for the payment of loans (Cheongju District Court 2015Gaso 317341), and the court of first instance sentenced the plaintiff to dismiss the plaintiff's claim.
In relation to this, the Plaintiff appealed (Cheongju District Court 2016Na12145), and the appellate court rendered a judgment partially winning the Plaintiff’s appeal that “The Defendant shall pay the Plaintiff 14,064,347 won and the amount calculated by the rate of 5% per annum from August 25, 2015 to April 26, 2017, and 15% per annum from the next day to the date of full payment.”
In the Supreme Court, the Defendant’s appeal was dismissed (Supreme Court Decision 2017Da230130), and the appellate judgment became final and conclusive.
(hereinafter “Related Loan Case”). The Plaintiff filed a lawsuit against the Defendant against the Plaintiff for the claim for the surrender of a building (Seoul District Court 2015Da1174555), and the court of first instance rendered a judgment that “the Defendant shall deliver the building to the Plaintiff, pay the amount calculated at the rate of 5% per annum from October 2, 2015 to June 22, 2016, calculated at the rate of 15% per annum from the next day to the day on which the delivery of the building is completed, and the amount calculated at the rate of 340,000 won per annum from September 5, 2015 to the day on which delivery of the building is completed (hereinafter “illegal enrichment”).
The above judgment was finalized on July 16, 2016.
(hereinafter “Related Building Name Map case.” On September 29, 2016, the Plaintiff completed the delivery execution of the building according to the above judgment.
The defendant filed a lawsuit against the plaintiff for the claim for the amount of indemnity (Li Government District Court Decision 2015Da117196). The court of first instance sentenced that "the plaintiff shall pay to the defendant 14,210,667 won per annum from September 3, 2013 to February 2, 2017, 5% per annum and 15% per annum from the next day to the date of full payment (hereinafter "the amount of indemnity claim")."
For this,