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(영문) 수원지방법원 2017.03.16 2016가단48415
손해배상(기)
Text

1. The defendant shall pay 88,066,451 won to the plaintiff and 20% per annum from February 28, 2007 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff was assaulted by the defendant around 18:00 on July 18, 2003 and suffered bodily injury in need of 12 weeks, and thereby became disabled by disability No. 6. The plaintiff filed a lawsuit against the defendant as Hongsung Branch Branch of Daejeon District Court 2006Gadan9729 on May 2, 2007, "the defendant shall pay 88,066,451 won to the plaintiff and 20% interest per annum to the plaintiff from February 28, 2007 to the day of full payment." The above judgment can be acknowledged as finalized on May 23, 2007.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff damages amounting to 88,066,451 won and damages for delay calculated at the rate of 20% per annum from February 28, 2007 to the date of full payment.

2. The defendant's defense is asserted that the defendant deposited KRW 20 million to the plaintiff during the course of criminal proceedings.

In a subsequent suit as to the same subject matter of lawsuit, seeking a judgment inconsistent with the existence or absence of the legal relationship determined in the final and conclusive judgment by asserting the method of offence and defense that existed prior to the closing of argument in the prior suit is contrary to res judicata of the final and conclusive judgment in the prior suit, and is not asked whether the parties were negligent in not knowing the means of offence and defense in the prior suit and in not knowing

(See Supreme Court Decision 201Da49981 Decided March 27, 2014, etc.). In full view of the purport of the argument as to the statement No. 1, the Defendant asserted that the Defendant deposited KRW 20 million during criminal proceedings and released the Defendant from the court.

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