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(영문) 서울중앙지방법원 2018.07.13 2017가합33563
청구이의 소
Text

1. Of the instant lawsuit, the Seoul High Court Decision 2013Na7131 decided on the return of unjust enrichment by C to the Plaintiff.

Reasons

1. Basic facts

A. C filed a lawsuit against the Plaintiff seeking reimbursement of KRW 1 billion and delay damages therefor (Seoul Central District Court 2013Gahap9845), and the said court rendered a judgment dismissing C’s claim on October 10, 2013.

Accordingly, C filed an appeal (Seoul High Court Decision 2013Na71311) and the said appellate court rendered a judgment on November 28, 2014 (hereinafter “instant judgment”) stating that “The said appellate court revoked the first instance judgment and rendered a decision to the effect that “The Plaintiff shall pay C the amount of KRW 1 billion and the interest calculated at the rate of 5% per annum from November 20, 2004 to November 28, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

On November 26, 2015, while the Plaintiff filed an appeal (Supreme Court Decision 2015Da1680), the judgment of this case became final and conclusive on the same day.

The defendant was a lawyer at the court of first instance, the appellate court, and the court of final appeal.

B. C filed a lawsuit against the Plaintiff for return of unjust enrichment of KRW 264,103,690 and damages for delay thereof (Seoul Central District Court 2013Gahap1582), and the said court rendered a judgment dismissing C’s claim on October 10, 2013.

Accordingly, C filed an appeal (Seoul High Court Decision 2013Na71304) on November 28, 2014, the said appellate court rendered a judgment to the effect that “The first instance judgment is revoked and the Plaintiff shall pay C 264,103,690 won with 5% interest per annum from May 19, 2005 to November 28, 2014, and 20% interest per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

On November 26, 2015, while the Plaintiff filed an appeal (Supreme Court Decision 2015Da1673), the judgment of dismissal of the appeal became final and conclusive on the same day.

The defendant was the defendant at the first instance court, the appellate court, and the final appeal court, as the plaintiff of C.

(c) C.

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